Green v. State

ON APPELLANT’S MOTION FOR REHEARING.

DAVIDSON, Judge.

The defense of a mistake of fact — that is, that appellant believed the hogs taken belonged to him — was raised by appellant’s testimony. The trial court so recognized, and gave the following instruction relative thereto, viz.:

“You are charged that if you believe the defendant, Mose Green, took the two head of hogs belonging to W. W. Minter, if you find that he so acted under a mistaken belief that they were his hogs, in good faith, believing the two head of hogs were his own property, and such belief did not arise from want of proper care…