Davis v. State
Court of Appeals of Texas
Appeal from the District Court of Nacogdoches. Tried below before the Hon. P. F. Edwards. The indictment charged the appellant with the theft of a horse from Alfred Wade, the owner, on February 10, 1880. The jury found him guilty, and assessed his punishment at five years in the penitentiary.
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Appeal from the District Court of Nacogdoches. Tried below before the Hon. P. F. Edwards. The indictment charged the appellant with the theft of a horse from Alfred Wade, the owner, on February 10, 1880. The jury found him guilty, and assessed his punishment at five years in the penitentiary. The animal stolen was a mare, but as the Revised Penal Code uses the word “ horse ” in its generic sense, no question of variance between the allegation and the proof was raised, as doubtless there would have been had the original Code remained in force. Wade, the owner of the mare, fastened her up in…
1Opinion of the CourtWhite, P. J.
A single bill of exception was served by defendant upon the trial of this cause, and inasmuch as it raises the only question upon the record here shown us on appeal, we reproduce so much of the bill as may be requisite to a proper understanding of the question.
Omitting formal portions, it proceeds: “ The witness, Alfred Wade, owner of the stolen horse, testified that the horse was taken from his stable and lot at night, and that he found barefooted human tracks about the lot and stable, and that a rope was missing the same night; that he had followed the defendant by tracks some miles, and…
2Cases cited3 opinions
- Warren v. StateTexas Supreme Court · 1867
- Selvidge v. StateTexas Supreme Court · 1867
- Strait v. StateTexas Supreme Court · 1875