Presley v. State
Court of Appeals of Texas
Appeal from the District Court of Freestone. Tried below before the Hon. Sam R. Frost. The conviction in this case was for fraudulently disposing of a horse on which the accused had previously executed a chattel mortgage, and the penalty assessed was a term of three years in the penitentiary.
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Appeal from the District Court of Freestone. Tried below before the Hon. Sam R. Frost. The conviction in this case was for fraudulently disposing of a horse on which the accused had previously executed a chattel mortgage, and the penalty assessed was a term of three years in the penitentiary. The testimony of the prosecuting witness shows that when he reported this cause to the grand jury he knew that Ike Thomas was the person to whom defendant had traded the horse, and that said Thomas at that time was living in Freestone county.
1Opinion of the Court
Hurt,. Judge.
This conviction was for fraudulently selling, trading and disposing of certain mortgaged property. It is alleged in the indictment that the property was sold, traded and disposed of to a certain person whose name is to the grand jurors unknown. Upon the trial it was shown that the property —a horse—was traded to one Ike Thomas, and this fact was evidently known to the grand jury, or could have been known by the smallest degree of diligence.
If the name of the person to whom the property was sold or traded was known to the grand jury, it was essential that it should have been given…
2Cases cited2 opinions
- Bush v. Republic of TexasTexas Supreme Court · 1846
- State v. ShwartzTexas Supreme Court · 1860
3Cited by3 opinions
- Fuller v. StateCourt of Criminal Appeals of Texas · 2002
- State v. CareyWashington Supreme Court · 1896
- Fuller v. StateCourt of Criminal Appeals of Texas · 2002