Smith v. State

DAVIDSOH", Presiding Judge.

Appellant was charged, under article 877, Penal Code, with theft, in that he converted a certain horse intrusted to him as bailee. He received the horse in Victoria County, rode it into De Witt County, and there disposed of it. His defensive theory was that he had permission of the owner to dispose of the horse. Exception was reserved to the charge because it failed to instruct the jury that the fraudulent intent in converting the property was necessary to the conviction. An inspection of the charge sustains this contention. After charging the jury with reference to…