Sharp v. State
Court of Appeals of Texas
Appeal from the District Court of Ellis. Tried below before Hon. Anson Rainey. The substance of the indictment is set out in the opinion. The penalty assessed by the verdict was a term of two years in the penitentiary.
Read the full summary
Appeal from the District Court of Ellis. Tried below before Hon. Anson Rainey. The substance of the indictment is set out in the opinion. The penalty assessed by the verdict was a term of two years in the penitentiary. With regard to the first count in the indictment, alleging the ownership of the steer to be in a person unknown to the grand jury, Wear, the one witness who testified to the taking, stated that the animal was in the “square and 0'' brand, and that it had been known as an estrav. This was the only witness who testified on this trial, so far as shown by the record, who was before…
1Opinion of the Court
WILLSON, Judge.
This conviction is upon an indictment for the "theft of a steer. There are two counts in the indictment, the first alleging that the owner of the steer was unknown to the grand jury, and the second alleging, that I. E. Stout owned the steer. It is contended by counsel for the defendant that neither of the counts as to the allegations of ownership is sustained by the evidence, and we are of the opinion that the contention is well grounded. As to the first count, there is no evidence that the ownership of the animal was unknown to the grand jury, and that the grand jury used…
2Cited by2 opinions
- State v. KlasnerNew Mexico Supreme Court · 1914
- State v. RathboneIdaho Supreme Court · 1901