Legal Opinion

Pilkinton v. State

Texas Supreme Court

Decided July 1, 1857PublishedCited by 4 opinions

Appeal from Anderson. Tried below before the Hon. John H. Reagan. Indictment for stealing twenty bushels of corn, of the value of twenty dollars, the property of J. A. Lawrence. Plea of not guilty. It was proved that defendant took a basket and several arms full of corn, from Lawrence’s crib, at different times, and went with it into a stable were defendant kept his horse.

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Appeal from Anderson. Tried below before the Hon. John H. Reagan. Indictment for stealing twenty bushels of corn, of the value of twenty dollars, the property of J. A. Lawrence. Plea of not guilty. It was proved that defendant took a basket and several arms full of corn, from Lawrence’s crib, at different times, and went with it into a stable were defendant kept his horse. A witness proved that from the appearance of the crib, he estimated that at least twenty bushels were taken. The circumstances were such as hardly to have proved a felonious intent, if the defendant had not denied the…

1Opinion of the CourtWheeler, J.

Considered in reference to the evidence, it is not perceived that there is any error in the charge of the Court, or in the refusal of instructions, to require a reversal of judgment. It might have been more satisfactory, if the Court had given the third instruction asked. But the charge .sufficiently indicated, perhaps, the necessity of a felonious *217intent, to constitute the crime charged. On the subject of doubts, it is true there is a distinction between civil and criminal cases : in the former, the jury weigh the evidence, and after determining on which side there are the greater degrees of…

2Cited by4 opinions

  1. Rideus v. StateTexas Supreme Court · 1874
  2. Black v. StateCourt of Appeals of Texas · 1876
  3. Lindsay v. StateCourt of Appeals of Texas · 1876
  4. Treadway v. StateCourt of Appeals of Texas · 1877

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