Clark v. State
Court of Appeals of Texas
Appeal from Jones County. Tried below before Hon. J. V. Cockrell. Conviction for theft of one cattle, and the punishment assessed at •confinement in the penitentiary for three years. The opinion of the court sufficiently states the case. That portion ■of the charge of the trial court which is quoted in the opinion and held to be erroneous was specially excepted to by the defendant on the trial, and a proper bill of exception thereto appears in the record.
1Opinion of the Court
DAVIDSON, Judge.
Appellant was indicted and convicted for the theft of "one cattle,” alleged to be the property of G. R. West.
The court instructed the jury that should they ‘ believe that the property charged to have been stolen was not the property of the defendant, but the property of-Clark, but that this defendant took possession *438of the same (if you find defendant ever had possession of said property), and that the defendant, at the time he took possession of the same, and if done with a fraudulent intent to deprive the owner of the value of the same, would not be a valid defense when…
2Cited by3 opinions
- State v. RathboneIdaho Supreme Court · 1901
- Barrett v. StateCourt of Criminal Appeals of Texas · 1925
- Garcia v. StateCourt of Criminal Appeals of Texas · 1932