Banks v. State
Texas Supreme Court
Appeal from Travis. The case was tried before Hon. John Ireland, one of the district judges. The appellant, who was a freedman, was indicted at the November term, 1866, for the theft of a horse belonging to John N. Lancaster. On the trial, at the same term, Lancaster, the witness for the State, proved that the animal stolen was a mare. The court charged the jury that proof of the theft of a mare will sustain an indictment for the theft of a horse.
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Appeal from Travis. The case was tried before Hon. John Ireland, one of the district judges. The appellant, who was a freedman, was indicted at the November term, 1866, for the theft of a horse belonging to John N. Lancaster. On the trial, at the same term, Lancaster, the witness for the State, proved that the animal stolen was a mare. The court charged the jury that proof of the theft of a mare will sustain an indictment for the theft of a horse. Instructions to the contrary, asked in behalf of the defendant, were refused. Verdict of guilty, and judgment against defendant of confinement in…
1Opinion of the CourtSmith, J.
—The appellant was indicted for the theft of a horse. Upon the trial it was proved that the animal stolen was a mare. The court instructed the jury that the proof of the theft of a mare was sufficient to support the indictment. The defendant was convicted, and he has appealed to this court.
Art. 765, O. & W. Dig., Penal Code, under which he was indicted, reads as follows, to wit: “If any person shall steal any horse, gelding, mare, colt, ass, or mule, he shall be punished by confinement in the penitentiary, not less than five nor more than fifteen years.”
The word “horse” is a generic term,…
2Cases cited2 opinions
- State v. LangeTexas Supreme Court · 1858
- State v. AbbottSupreme Court of Vermont · 1848
3Cited by18 opinions
- Bartley v. StateNebraska Supreme Court · 1898
- G. C. S. F. Ry. Co. v. F. W. R. G. Ry. Co.Texas Supreme Court · 1894
- State v. MatejouskySouth Dakota Supreme Court · 1908
- Mathews v. StateTexas Supreme Court · 1875
- State v. CollinsMontana Supreme Court · 1917
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