Smith v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Eastland. Tried below before Hon. T. H. Conner. This appeal is from a conviction for theft of a horse, the penalty being assessed at five years in the penitentiary. The defendant having been previously convicted of burglary and given two years in the penitentiary, the court fixed the punishment of five years in this case, to begin at the expiration of said former judgment and sentence of two years for burglary.
1Opinion of the Court
DAVIDSOH, Judge.
The indictment contains two counts: (1) charging theft of the horse from George Bosher; (2) alleging property in J. W. Bosher, and possession in S. P. Bosher. It is urged as error, that the State did not elect upon which count the prosecution would be maintained. This was not required in this case. This court has frequently suggested the practice of including different counts in indictments and information, so as to meet every phase of the transaction which might be developed by the testimony upon the trial. But if an election had been necessary, appellant can not complain…
2Cited by14 opinions
- Goode v. StateCourt of Criminal Appeals of Texas · 1909
- Ward v. StateCourt of Criminal Appeals of Texas · 1913
- Collins v. StateCourt of Criminal Appeals of Texas · 1915
- White v. StateCourt of Criminal Appeals of Texas · 1950
- Parks v. StateCourt of Criminal Appeals of Texas · 1904
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