Wheeler v. State
Court of Appeals of Texas
Appeal from the District Court of Lampasas. Tried below before the Hon. W. A. Blackburn. The conviction was for driving a certain horse, belonging to J. D. D. Berry, from his accustomed range in Lampasas county, and the penalty assessed by the jury was a term of three years in the penitentiary. It is not essential to this report that a synopsis of the statement of facts be set out.
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Appeal from the District Court of Lampasas. Tried below before the Hon. W. A. Blackburn. The conviction was for driving a certain horse, belonging to J. D. D. Berry, from his accustomed range in Lampasas county, and the penalty assessed by the jury was a term of three years in the penitentiary. It is not essential to this report that a synopsis of the statement of facts be set out. It is enough to say that the State proved that the animal described in the indictment was driven from its accustomed range, and that it was found in a herd of horses in the possession of the defendant and one…
1Opinion of the Court
Willson, Judge.
I. It was proved by the State that at the same time and place that defendant and those acting with him took and drove from its accustomed range Berry’s horse, the one named in the indictment, they also took and drove from their *599accustomed range three other horses belonging to one Queen. Having admitted this evidence, it devolved upon the court in its charge to the jury to limit it to its legitimate purposes, which the court failed to do, and to which the defendant excepted. (Taylor v. The State, 22 Texas Ct. App., 529; Davidson v. The State, Id., 372; Kelly v. The State, 18…
2Cited by1 opinion
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