Jones v. State
Court of Appeals of Texas
Appeal from the District Court of Williamson. Tried below before the Hon. W. A. Blackburn. The indictment charged the appellant with the theft of a horse belonging to Isaac Prewitt and T. Anderson, on April 1, 1879. The indictment alleged, in the usual form, that the taking was without the consent of the owners. The jury found a verdict of guilty, and assessed the punishment at five years in the penitentiary.
Read the full summary
Appeal from the District Court of Williamson. Tried below before the Hon. W. A. Blackburn. The indictment charged the appellant with the theft of a horse belonging to Isaac Prewitt and T. Anderson, on April 1, 1879. The indictment alleged, in the usual form, that the taking was without the consent of the owners. The jury found a verdict of guilty, and assessed the punishment at five years in the penitentiary. The evidence is quite prolix and there is no occasion to give it in detail. The appellant hired a small bay horse in Georgetown, saying he was a detective and wanted the horse to go over…
1Opinion of the CourtWhite, P. J.
That a party charged by indictment in the ordinary form under our statute for theft (Pasc. Dig., art. 2381; Rev. Penal Code, art. 724) maybe found guilty *650and punished upon proof made that he obtained the property by any false pretext, with intent to deprive the owner of the value thereof and appropriate it to his own Use and benefit, as provided in another article of the Code (Pasc. Dig., art. 2385; Rev. Penal Code, art. 727), is no longer an open question in this State. Maddox v. The State, 41 Texas, 205. The taking defined in the two articles is the same, i.e., theft; and the difference…
2Cases cited4 opinions
- Maddox v. StateTexas Supreme Court · 1874
- White v. StateTexas Supreme Court · 1854
- Smith v. StateTexas Supreme Court · 1872
- Marshall v. StateTexas Supreme Court · 1868