Campbell v. State
Court of Appeals of Texas
Appeal from the District Court of Parker. Tried below before the Hon. A. T, Watts, special judge. The conviction in this case was for the theft of a heifer, the property of Mary Criswell, in Parker county, Texas, on the seventeenth day of March, 1885. A term of two years in the penitentiary was the penalty assessed by the jury. Ira Criswell, the brother of the alleged owner of the stolen animal, was the first witness.
Read the full summary
Appeal from the District Court of Parker. Tried below before the Hon. A. T, Watts, special judge. The conviction in this case was for the theft of a heifer, the property of Mary Criswell, in Parker county, Texas, on the seventeenth day of March, 1885. A term of two years in the penitentiary was the penalty assessed by the jury. Ira Criswell, the brother of the alleged owner of the stolen animal, was the first witness. He testified that his sister owned ten or twelve head of cattle, after which he looked. On the morning of March 17, 1885, while walking about the country adjacent to his…
1Opinion of the Court
White, Presiding Judge.
Under an ordinary indictment for theft of an animal, the accused may be convicted of that offense or of wilfully taking into possession and driving from its accustomed range live stock not his own, without the consent of the owner, and with intent to defraud the owner thereof, which is made by statute both theft and a felony. (Penal Code, Art. 749; Foster v. The State, 21 Texas Ct. App., 80; Smith v. The State, Id., 134.)
The indictment in this case was for theft of the animal. Appellant has been twice tried and twice convicted under it. On the former trial he was found…
2Cited by5 opinions
- Middleton v. StateCourt of Criminal Appeals of Texas · 1972
- Gordon v. StateCourt of Criminal Appeals of Texas · 1938
- Moutray v. StateCourt of Criminal Appeals of Texas · 1964
- Day v. StateCourt of Criminal Appeals of Texas · 1976
- Day v. StateCourt of Criminal Appeals of Texas · 1976