Adams v. State

Decision Date24 May 1890
Citation13 S.W. 1009
PartiesADAMS <I>v.</I> STATE.
CourtTexas Court of Appeals

Appeal from district court, Frio county; D. P. MARR, Judge.

W. L. Crawford testified for the state, in substance, that he ate dinner at defendant's house on June 21, 1889. The meat of a recently butchered calf was served for dinner. Defendant said that a party of horse-hunters who had camped at a neighboring lake on the previous day killed the calf, and gave him a part of the meat, and that, on leaving the neighborhood, they stole the bell from his (defendant's) horse. After dinner the witness went to the like, but could find no indications of a recent camp, nor place where an animal had been recently killed. Thence he went to a point behind defendant's field, near defendant's farm, when he found the place where a calf had been killed within the previous 24 hours. The paunch was still there, and Mrs. Allen's cow was lowing over it. Her teats and bags showed that she had not been recently sucked. When witness saw that cow, a few days before, she had a red and white spotted calf about six months old. There was blood on the defendant's fence, and a man's track on the outside and on the inside of his (defendant's) field; the latter leading off in the direction of defendant's house. This witness denied that he ever offered to give Emily Webb a dollar's worth of tobacco, and all the candy she could eat, if she would swear defendant killed the calf. Emily, Will, and George Webb testified for the state that early one morning in June, 1889, defendant brought the shoulder of freshly-killed calf to their house, and gave it to them. He knew they had no meat in the house at that time. One of these witnesses testified that defendant told them that the calf was being driven by his house by some hunters, when it gave out, and they killed it, giving him the meat, and keeping the hide. Emily Webb testified that, some time after defendant gave her the meat, she met W. L. Crawford in the road, on which occasion he told her that, if she would swear the defendant killed the calf, he would give her a dollar's worth of tobacco, and all the candy she could eat. George Webb testified that a party of hunters were camped at the lake during a part of the day on which the calf was alleged to have been killed. The disappearance of Mrs. Allen's calf was testified to by the manager of her stock. Defendant's wife testified in his behalf that a party of horse-hunters, who camped at the lake on the day before...

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