Wharton v. State
Texas Supreme Court
Appeal from the Criminal - District Court of Calvert. Tried below before the Hon. D. W. Battle. James Wharton was indicted for theft of cattle.
Read the full summary
Appeal from the Criminal - District Court of Calvert. Tried below before the Hon. D. W. Battle. James Wharton was indicted for theft of cattle. Upon Ms trial, after the witnesses for the State had made out the case as charged, two brothers of the accused testified that William Wharton had bought twenty head of cattle of a son of the alleged owner, being a remnant left in the range on his removal from the neighborhood; that the accused had authority from William Wharton, and had gathered the cattle alleged to have been stolen for William Wharton, and under his authority, and in the range said…
1Opinion of the Court
Moore, Associate Justice.
The appellant was indicted for theft of cattle. The testimony before the jury was manifestly conflicting. If the case were to be decided upon the evidence for the State, and without giving credit to the testimony of the witnesses for appellant, the jury could have little doubt that appellant was guilty of the offense with which he is charged. If, on the other hand, the witnesses for appellant are entitled to credit, it can scarcely he reasonably inferred that the cattle were taken with a felonious intent, though it is admitted that the ownership and asportation of…
2Cited by4 opinions
- Anschicks v. StateCourt of Appeals of Texas · 1879
- Gardner v. StateCourt of Criminal Appeals of Texas · 1908
- McAfee v. StateCourt of Criminal Appeals of Texas · 1931
- Mitchell v. StateCourt of Criminal Appeals of Texas · 1895