Jordt v. State
Texas Supreme Court
Appeal from Colorado. The case was tried before Hon. I. B. McFarland, one of the district judges. The defendant was indicted for stealing “ a certain sorrel horse,” &e. The judge charged the jury to determine from the evidence whether the animal stolen was a horse or not. The jury returned a verdict of guilty, and sentenced the defendant to five years’ imprisonment in the penitentiary. The witnesses all swore that the animal was a horse, but that he had been gelded.
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Appeal from Colorado. The case was tried before Hon. I. B. McFarland, one of the district judges. The defendant was indicted for stealing “ a certain sorrel horse,” &e. The judge charged the jury to determine from the evidence whether the animal stolen was a horse or not. The jury returned a verdict of guilty, and sentenced the defendant to five years’ imprisonment in the penitentiary. The witnesses all swore that the animal was a horse, but that he had been gelded. It was assigned for error, that the court refused an instruction asked by the defendant; but no such instruction was in the…
1Opinion of the CourtLindsay, J.
—The appellant in this case was indicted for stealing a horse. The proof showed that the property taken was a gelding, an animal- which may be, like all eunuchs, of no sex. The Criminal Code provides that where words in the masculine gender are used in the penal statutes of the State, they shall include the feminine also. This case does not come within the category of that general, provision, for a gelding is neither the one nor the other. The term is used in the statute upon which this indictment was founded distinctively from the word horse, and a conviction for the theft of a horse, upon…
2Cited by10 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- State v. RussellOregon Supreme Court · 1962
- Martinez v. Territory of ArizonaArizona Supreme Court · 1896
- Swindel v. StateTexas Supreme Court · 1869
- Miller v. TerriTory of ArizonaArizona Supreme Court · 1905
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