Darnell v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Clay. Tried below before Hon. A. H. Carrigan. Appeal from a conviction of theft of one head of cattle; penalty, two years imprisonment in the penitentiary.
1Opinion
ON MOTION FOR REHEARING.
HENDERSON, Judge.
At a former day of this term this case was reversed and remanded. The State strongly insists that we were in error in holding that the court’s charge on appellant’s claim of right was too restrictive, and cites us to a number of cases which, it is insisted, support'the State’s contention that in the cases cited a similar charge, or one still more restrictive, has been approved by this court; and our attention is especially called to the case of Ledbetter v. State, 35 Texas Criminal Reports, 195. In that case the charge predicated on the defense of a…
2Cases cited2 opinions
- Kay v. StateTexas Supreme Court · 1874
- Johnson v. StateTexas Supreme Court · 1874