Cudd v. State
Court of Appeals of Texas
Appeal from the District Court of McCulloch. Tried below before the Hon. J. C. Randolph. The conviction in this case was for the theft of a horse, the property of Ab. Turner, in McCulloch county, Texas, on the fifteenth day of July, 1884. A term of ten years in the penitentiary was the penalty assessed by the verdict. Ab. Turner was the first witness for the State.
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Appeal from the District Court of McCulloch. Tried below before the Hon. J. C. Randolph. The conviction in this case was for the theft of a horse, the property of Ab. Turner, in McCulloch county, Texas, on the fifteenth day of July, 1884. A term of ten years in the penitentiary was the penalty assessed by the verdict. Ab. Turner was the first witness for the State. He testified that he lived above Camp San Saba, McCulloch county, Texas, in 1884. At that time he owned the horse mentioned in the indictment. That animal was bay in color, was then about three years old, and was branded AF…
1Opinion of the Court
Willson, Judge.
We can not reconcile it to our sense of right and to our view of the law to permit this conviction to stand. We do not think that the evidence, as it is presented to us, supports the conviction. Defendant proved that he purchased the horse from one Cooper, and produced on the trial a duly authenticated bill of sale from said Cooper. While there are some circumstances in proof which throw some suspicion upon the bona fides of said purchase, they are of slight weight, and do not, we think, disprove the purchase, or the good faith of the defendant in the transaction. These…
2Cited by1 opinion
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