Beard v. State
Court of Criminal Appeals of Texas
This is the second appeal of the case, Beard v. State, 45 Texas Grim. Eep., 522; 9 Texas Ct. Eep. 151; S. W. Eep. and the indictment appears in full in same appeal. The horse alleged to have been stolen was taken from Oklahoma Territory and brought to Waco Texas. He was missed by the owner in Oklahoma who had left him there at night in an inclosure and could not find him the next morning. The next time he heard of the horse, he was in a livery stable at Waco, Texas.
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This is the second appeal of the case, Beard v. State, 45 Texas Grim. Eep., 522; 9 Texas Ct. Eep. 151; S. W. Eep. and the indictment appears in full in same appeal. The horse alleged to have been stolen was taken from Oklahoma Territory and brought to Waco Texas. He was missed by the owner in Oklahoma who had left him there at night in an inclosure and could not find him the next morning. The next time he heard of the horse, he was in a livery stable at Waco, Texas. Here he was brought by the defendant and one Bevil, a boy, who also had a horse and who with defendant came from Oklahoma, from…
1Opinion of the Court
HENDERSObT, Judge.
Appellant was convicted of the theft of a horse in the Territory of Oklahoma, and subsequently bringing the same into McLennan County, Texas; his punishment being fixed at five years in the penitentiary.
Appellant made a motion to quash the indictment, because he claims that the same is for general theft under art. 858 Penal Code, and not theft of a horse under art. 881 Penal Code; and that the indictment contains no value fixed to the property. We have examined the indictment carefully and it is not amenable to the criticism of appellant. As we read it, it is an indictment…
2Cases cited3 opinions
- McKenzie v. StateCourt of Criminal Appeals of Texas · 1894
- Jones v. Laney ex rel. ColbertTexas Supreme Court · 1847
- Greer, Mills & Co. v. Estate of RileyTexas Supreme Court · 1899
3Cited by2 opinions
- Hays v. StateCourt of Criminal Appeals of Texas · 1923
- Knight v. StateCourt of Criminal Appeals of Texas · 1930