Smith v. State
Texas Supreme Court
Appeal from Gonzalez. Tried below before the Hon. John P. White. 'Indictment for hog-stealing. The evidence seems, from an examination of the record, to have been about equally divided in regard to the true ownership of the hogs, there being quite as much evidence to establish ownership in Smith, the defendant, as in Houston, the alleged owner.
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Appeal from Gonzalez. Tried below before the Hon. John P. White. 'Indictment for hog-stealing. The evidence seems, from an examination of the record, to have been about equally divided in regard to the true ownership of the hogs, there being quite as much evidence to establish ownership in Smith, the defendant, as in Houston, the alleged owner. During the progress of the trial, on the suggestion of the District Attorney, the jury was taken in charge of an officer to “ see and examine the “ sow as part of the testimony in the cause.” On the return of the jury into the court-room, none of them…
1Opinion of the CourtRoberts, C. J.
In this case, John Smith was tried for and convicted of theft .of a sow and six pigs, alleged to be the property of Robert A. Houston. There was first a mistrial, because the jury could not agree, and by agreement, another trial was had at the same term, at which the jury found the defendant guilty, and assessed his punishment to confinement at hard labor in the penitentiary for one year. The indictment is in good form, and the charge of the court was an excellent exposition of the law applicable to the facts of the case, of which neither party complains. The evidence as to whether the hogs…
2Cited by26 opinions
- People v. BushCalifornia Supreme Court · 1886
- Hovey v. SandersCourt of Appeals of Texas · 1915
- Woodrum Truck Lines v. BaileyTexas Commission of Appeals · 1933
- State v. PowersSupreme Court of Iowa · 1917
- Riggins, Alias Wiggins v. StateCourt of Criminal Appeals of Texas · 1901
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