Beck v. State
Texas Supreme Court
Appeal from DeWitt. Tried below before the Hon. D. D. Claiborne. , J. P. Beck was indicted, tried, and convicted at December Term of the District Court, 1875, for theft of a mule, the property of W. J. Weisiger, and his punishment fixed at five years in the penitentiary.
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Appeal from DeWitt. Tried below before the Hon. D. D. Claiborne. , J. P. Beck was indicted, tried, and convicted at December Term of the District Court, 1875, for theft of a mule, the property of W. J. Weisiger, and his punishment fixed at five years in the penitentiary. On the trial, Weisiger, for the State, testified substantially that about December, 1872, for the purpose of weaning the mule, he took it over the G-uadalupe river, and put it in Mr. Anderson’s pasture.; it was a brown mare mule, square built, and branded; Witness afterwards learned that the mule got out of the pasture, and…
1Opinion of the Court
Moore, Associate Justice.
The motion for a new trial should have been granted. The testimony does not support and justify the verdict. The mule alleged to have been stolen had been out of the actual possession of the owner for some two years before appellant is shown to have had any connection with it. During this time the owner knew nothing about it, except that he had heard it had gotten out of the pasture, where he had placed it, and was running in a bend of the river below the pasture. Much too great a length of time had elapsed since the mule had been in the possession or under control of…
2Cited by9 opinions
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- Glasscock v. HughesTexas Supreme Court · 1881
- Graham v. StateCourt of Criminal Appeals of Texas · 1901
- Kahanek v. Galveston, Harrisburg & San Antonio Ry. Co.Texas Supreme Court · 1889
- Lehman v. StateCourt of Appeals of Texas · 1885
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