Elton v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction for theft, by conversion of property by a bailee for hire; penalty, three years confinement in the penitentiary.
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Appeal from the Criminal District Court of Dallas. Tried below before Hon. Charles F. Clint. Appeal from a conviction for theft, by conversion of property by a bailee for hire; penalty, three years confinement in the penitentiary. The charging part of the indictment was as follows, viz: “That one Thomas Elton, alias G. F. Smith, alias Jim Reed, on the 22d day of August, in the year of our Lord one thousand eight hundred and ninety-eight, with force and arms, in the county and State aforesaid, had possession of two certain horses, the said horses then and there being the property of Arthur…
1Opinion of the Court
HENDERSON, Judge.
Appellant was convicted of theft as bailee of property under article 877, Penal Code, and his punishment assessed at confinement in the penitentiary for a term of three years, and he appeals.
Appellant made a motion to quash the indictment on the ground “that the same did not allege what authority D. W. May had from the said Arthur Cain to make such a contract, and alleges that D. W. May was thereunto authorized by the said Arthur Cain,’ but does not allege what nor how he was authorized, nor what said May was authorized to do; because the indictment does not allege, nor set…
2Cases cited2 opinions
- Calkins v. StateCourt of Criminal Appeals of Texas · 1895
- Smith v. StateCourt of Criminal Appeals of Texas · 1897
3Cited by5 opinions
- Butler v. StateCourt of Criminal Appeals of Texas · 1905
- Jeffreys v. StateCourt of Criminal Appeals of Texas · 1907
- McCarty v. StateCourt of Criminal Appeals of Texas · 1904
- Piper v. StateCourt of Criminal Appeals of Texas · 1909
- Nugent v. StateCourt of Criminal Appeals of Texas · 1921