Jones v. State
Court of Appeals of Texas
Appeal from the District Court of Burnet. Tried below before A. S. Fisher, Esq., Special Judge. The conviction was for the theft of a horse, and the penalty assessed was a term of five years in the "penitentiary. The ruling of this court involves only the sufficiency of the indictment, and does not call for a statement of the facts proved.
1Opinion of the Court
White, Presiding Judge.
This appeal is from a conviction for the theft of a gelding. Defendant made a motion to quash the indictment, one of the grounds of which was that “it does not charge any intent on the part of the defendant to appropriate the property alleged to have been stolen to his own use.” This motion was overruled and the question of the correctness of the ruling is presented to us “for decision. Instead of the essential statutory word “appropriate,” the pleader has used the unmean*622ing word “appriate,” and charges that the property was taken “with intent then and there to deprive…
2Cases cited3 opinions
- Ridgeway v. StateTexas Supreme Court · 1874
- State v. WilliamsonTexas Supreme Court · 1875
- State v. SherlockTexas Supreme Court · 1861
3Cited by2 opinions
- State v. PhillipsSupreme Court of Iowa · 1902
- Oliver v. StateCourt of Criminal Appeals of Texas · 1983