Ferguson v. State
Court of Criminal Appeals of Texas
Appellant was indicted for the theft of a horse, the property of one S. B. Pentecost, and at his trial was convicted, with punishment assessed at five years confinement in the penitentiary. Pentecost, the owner, lived in Callahan County, but the horse’s range was in Brown County before he was taken to Callahan County, and in July the horse left his range in Callahan and went back to Brown County.
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Appellant was indicted for the theft of a horse, the property of one S. B. Pentecost, and at his trial was convicted, with punishment assessed at five years confinement in the penitentiary. Pentecost, the owner, lived in Callahan County, but the horse’s range was in Brown County before he was taken to Callahan County, and in July the horse left his range in Callahan and went back to Brown County. Pentecost hunted for him m the range in Brown, and some time in August or September he learned that the horse was in Llano County, and going there he found him in the possession of one Lou Hillmon.…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of the theft of a horse, and his punishment assessed at confinement in the penitentiary for a term of five years.
He sought a first continuance for the testimony of the absent witnesses John Fry, Robert Fry, E. H. Messick, and Grundy Caviness.
By John and Robert Fry defendant expected to account for his possession of the horse by proving he bought it from one Scott Keeler, and paid him therefor a valuable consideration. By Messick and Caviness it was expected to be shown that Scott Keeler was in possession of the horse, claiming and controlling him, prior…
2Cited by12 opinions
- Butler v. StateCourt of Criminal Appeals of Texas · 1973
- Morales v. StateCourt of Criminal Appeals of Texas · 1896
- Dover v. StateCourt of Criminal Appeals of Texas · 1917
- Mason v. StateCourt of Criminal Appeals of Texas · 1914
- Parks v. StateCourt of Criminal Appeals of Texas · 1904
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