Smith v. State

The judgment of the district court in this case must be affirmed. The indictment charges the *739defendant in the usual form, of the theft of a mule, and the jury, under a proper charge of the court, found him guilty. There could have been no doubt of the taking and appropriation; and the only question which could legitimately have been suggested to the minds of the jury was in regard to the fraudulent intent. The defendant pretended to hire the animal to ride for a day or two, with the promise to return it at the time specified ; but instead of doing so, he traded the mule off for a horse, and…