White v. State
Court of Appeals of Texas
Appeal from the District Court of Ellis. Tried below before the Hon. Anson Rainey. This was a conviction for the theft of a cow, the property of one H. A. Vanderford, and the penalty assessed was a term of two years in the penitentiary. H. A. Vanderford was the'first witness for the State. He testified that some time in the spring of 1885 he lost a cow in the “seven up and seven down” brand (thus: 7¿), and the NM brand.
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Appeal from the District Court of Ellis. Tried below before the Hon. Anson Rainey. This was a conviction for the theft of a cow, the property of one H. A. Vanderford, and the penalty assessed was a term of two years in the penitentiary. H. A. Vanderford was the'first witness for the State. He testified that some time in the spring of 1885 he lost a cow in the “seven up and seven down” brand (thus: 7¿), and the NM brand. She was a black and white animal, her neck being almost entirely black. Witness bought that animal from a man who bought her from McCloud, "who gave the NM brand. Witness went…
1Opinion of the Court
Willson, Judge.
This conviction must be set aside because it is not only not supported by, but, in our judgment, is contrary to, the evidence. If the cow which defendant sold to the butcher was Vanderford’s property, which by the evidence is not made certain, the defendant’s explanation of his possession and disposition of said cow was reasonable and natural, and by other evidence was proved to be true. He made no attempt to conceal the fact that he had taken and sold a cow such as the one owned and lost by Vanderford. In fact he furnished all the material information about the said cow, and…
2Cited by1 opinion
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