Elkins v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackbubx. Appellant, J. F. Elkins, and W. O. Finley were jointly indicted on the 17th day of July, 1895, by the grand jury of Bell County, Texas, charging them with the theft of a horse on July 8th, 1895, the property of W. A. Wilmeth. July 16th, 1895, at the same term of the court, defendant, J. F. Elkins, was alone placed on trial, W. 0. Finley not having been arrested.
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Appeal from the District Court of Bell. Tried below before Hon. W. A. Blackbubx. Appellant, J. F. Elkins, and W. O. Finley were jointly indicted on the 17th day of July, 1895, by the grand jury of Bell County, Texas, charging them with the theft of a horse on July 8th, 1895, the property of W. A. Wilmeth. July 16th, 1895, at the same term of the court, defendant, J. F. Elkins, was alone placed on trial, W. 0. Finley not having been arrested. A conviction followed, with two years in the penitentiary assessed against him as punishment.
1Opinion of the Court
HURT, Presiding Judge.
Appellant was convicted in the court below of removing from its accustomed range a certain mare, the property of one Wilmeth, with intent to defraud, which, by Article 749, Penal Code, is made theft, and given two years in the state penitentiary. Appellant relies upon one ground alone for the reversal of this judgment, viz: That the court erred in refusing to instruct the jury in regard to a voluntary return of the property. We hold: First, that if the accused remove property from its accustomed range with intent to defraud, and voluntarily return the same, then the…
2Cited by2 opinions
- Barrera v. StateCourt of Criminal Appeals of Texas · 1956
- Ware v. StateCourt of Criminal Appeals of Texas · 1905