Fernandez v. State
Court of Appeals of Texas
Appeal from the District Court of Kinney, Tried below before the Hon. Winchester Kelso. The conviction was for the theft of a horse, and the penalty assessed against the appellant was a term of five years in th_> penitentiary. The opinion fully summarizes the substance of the proof.
1Opinion of the Court
White, Presiding Judge.
Appellant was indicted under article 798 of the Penal Code for the theft of one horse in the State of Coahuila, Republic of Mexico, and afterwards bringing the said stolen horse into Kinney county, Texas. It appears that two horses belonging to the same owner were taken at the same time and place—one a dun and one a black. The court, however, in the charge to the jury, properly limited their finding of guilt to one (the dun), and appropriately restricted the purposes and extent to which they would consider the evidence relating to the theft of the black horse.
In the…
2Cases cited1 opinion
- Ellis v. WileyTexas Supreme Court · 1856
3Cited by5 opinions
- Byrd v. StateCourt of Criminal Appeals of Texas · 1931
- Kornegay v. StateCourt of Criminal Appeals of Texas · 1939
- Johnson v. StateCourt of Criminal Appeals of Texas · 1929
- Thomasson v. StateCourt of Appeals of Texas · 1954
- Thomasson v. StateCourt of Appeals of Texas · 1954