State v. Thompson
Texas Supreme Court
Appeal from Caldwell. Tried below before the Hon, Henry Maney. Oscar Thompson by indictment was charged with an offense as follows: “That Oscar Thompson, on October 10, 1873, * * did willfully, unlawfully, and feloniously, and fraudulently take into his possession and drive from its accustomed range one certain black and white heifer, being then and there live stock, and that said heifer was then and there an animal of the species of neat cattle, and that said heifer was not…
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Appeal from Caldwell. Tried below before the Hon, Henry Maney. Oscar Thompson by indictment was charged with an offense as follows: “That Oscar Thompson, on October 10, 1873, * * did willfully, unlawfully, and feloniously, and fraudulently take into his possession and drive from its accustomed range one certain black and white heifer, being then and there live stock, and that said heifer was then and there an animal of the species of neat cattle, and that said heifer was not then and there the property of said Oscar Thompson; and that said heifer was then and there the property of one Erveth…
1Opinion of the Court
Reeves, Associate Justice.
The defendant, Thompson, was indicted under Article 766a of the Penal Code for taking into /his-'possession - and driving from- its accustomed range - a certain heifer described in the indictment.
The'defendant moved to quash the indictment on two grounds: 1. Because the indictment charged no offense. 2; Because the "range of the heifer was not set out' or described in .the indictment.
The court sustained the motion and dismissed the in-indictment, and the State, by the district attorney* excepted and gave notice of an appeal.
The' act of November 12, 1866, under which…
2Cases cited5 opinions
- Horan v. StateTexas Supreme Court · 1859
- Francis v. StateTexas Supreme Court · 1858
- State v. WestTexas Supreme Court · 1853
- Welsh v. StateTexas Supreme Court · 1854
- State v. WarrenTexas Supreme Court · 1854
3Cited by2 opinions
- Foster v. StateCourt of Appeals of Texas · 1886
- Darnell v. StateTexas Supreme Court · 1875