Alford v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Val Verde. Tried below before Hon. T. A. Fuller, Special Judge, who, by agreement of parties, was selected to try the case. Appellant was indicted for illegally altering the brand on twenty head of cattle, alleged to be the property of one W. F. Aaron, and upon his trial was found guilty, and his punishment assessed at two years’ confinement in the penitentiary.
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Appeal from the District Court of Val Verde. Tried below before Hon. T. A. Fuller, Special Judge, who, by agreement of parties, was selected to try the case. Appellant was indicted for illegally altering the brand on twenty head of cattle, alleged to be the property of one W. F. Aaron, and upon his trial was found guilty, and his punishment assessed at two years’ confinement in the penitentiary. All the material facts in the transaction are stated in the testimony of ^ one Mrs. Davis; and inasmuch as the defendant contended, on the trial, that her testimony showed lief to be an accomplice to…
1Opinion of the Court
DAVIDSON, Judge.
Judge.—Appellant was convicted of altering the brand upon cattle not his own, without the owner’s consent, and with intent to defraud. The indictment alleged ownership in W. F. Aaron, and the testimony disclosed the fact to be that he was the agent of one Roach, and had the actual care and management of the cattle at the time the brand was altered upon them.
Upon the trial the defendant objected to evidence showing Aaron’s alleged ownership, because, under article 760 of the Penal Code, the ownership could only be averred in Roach, the actual owner. In other words, it is…
2Cited by7 opinions
- Schackey v. StateCourt of Criminal Appeals of Texas · 1899
- Steen v. StateCourt of Criminal Appeals of Texas · 1936
- Griffin v. StateCourt of Criminal Appeals of Texas · 1920
- Burges v. StateCourt of Criminal Appeals of Texas · 1930
- Williams v. StateCourt of Criminal Appeals of Texas · 1900
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