Samora v. State
Court of Appeals of Texas
Appeal from the District Court of Lavaca. Tried below before the Hon. E. Lewis. The indictment charged Joe Samora, Green Samora, and Isaac Bremingham with the theft of a certain gelding, the property of W. P. Dixon, which, according to the evidence, was stolen from the accustomed range- of Dixon’s stock, in Lavaca County, about August 9, 1874. The two latter were tried jointly, and, being found guilty, were allotted five years each in the penitentiary.
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Appeal from the District Court of Lavaca. Tried below before the Hon. E. Lewis. The indictment charged Joe Samora, Green Samora, and Isaac Bremingham with the theft of a certain gelding, the property of W. P. Dixon, which, according to the evidence, was stolen from the accustomed range- of Dixon’s stock, in Lavaca County, about August 9, 1874. The two latter were tried jointly, and, being found guilty, were allotted five years each in the penitentiary. The opinion discloses such matters of fact as it deals with.
1Opinion of the CourtWinkler, J.
On the trial below, the defendants requested the court to charge the jury as follows:
“ That the burden of proof rests upon the State to prove the ownership of the horses as alleged in the indictment. Proof that the horses in this case belonged to Peck & Dixon would not sustain the allegation made in the indictment that they were the property of W. P. Dixon. The jury must believe from the evidence that the property was proven to be that of W. P. Dixon, as alleged in the indictment,, before they would be justified in convicting them of the-theft.”
The court refused to give this charge, and to…
2Cases cited3 opinions
- Henry v. StateTexas Supreme Court · 1876
- Moseley v. StateTexas Supreme Court · 1874
- Langford v. StateTexas Supreme Court · 1852