McCain v. State

HAWKINS, Presiding Judge.

Conviction is for theft- of a horse, punishment two years in the penitentiary. '

The indictment charged ordinary theft, — not theft by conversion — of a horse from William Lee.

The case was tried under the provision of Art. 1413 P. C. which reads as follows: “The taking must be wrongful, so that if the property came into the possession of the person accused of theft by lawful means, the subsequent appropriation of it is not theft, but if the taking, though originally lawful, was obtained by any false pretext, or with any intent to deprive the owner of the value thereof,…