Boren v. State
Court of Appeals of Texas
Appeal from the District Court of Ellis. Tried below before the Hon. Anson Rainey. The conviction in this case was had under the second count of an indictment, which count charged the appellant with the theft of a steer, the property of A. Stayton, in Ellis county, Texas, on the seventeenth day of July, 1884. A term of five years in the penitentiary was the penalty assessed. A. Stayton was the first witness for the State.
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Appeal from the District Court of Ellis. Tried below before the Hon. Anson Rainey. The conviction in this case was had under the second count of an indictment, which count charged the appellant with the theft of a steer, the property of A. Stayton, in Ellis county, Texas, on the seventeenth day of July, 1884. A term of five years in the penitentiary was the penalty assessed. A. Stayton was the first witness for the State. The substance of his testimony was that he acquired title to the animal described in the indictment in February, 1884. On or about July 19, 1884, he learned that the animal…
1Opinion of the Court
Hurt, Judge.
This was a conviction for the theft of a steer, under an indictment containing two counts. The first charges that the animal was an estray and that the owner was unknown; the second, that it was the property of A. Stayton. The first count is conceded to be good, but it is urged that no conviction can be had upon it for the reason that the proof shows that the name of the owner was known to the grand jury, and hence there is a variance between the allegations and the proof under it. From this well taken position the appellant proceeds to argue that a conviction must be had, if at…
2Cases cited3 opinions
- Henrie v. StateTexas Supreme Court · 1874
- Hanks v. StateTexas Supreme Court · 1858
- State ex rel. Williams v. GratiotWisconsin Supreme Court · 1863
3Cited by12 opinions
- Drake v. StateCourt of Criminal Appeals of Texas · 1985
- Ex Parte SillerCourt of Criminal Appeals of Texas · 1985
- Lee v. StateCourt of Appeals of Georgia · 1942
- Hubbard v. StateCourt of Criminal Appeals of Texas · 1912
- Dodson v. StateCourt of Criminal Appeals of Oklahoma · 1977
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