Coleman v. State

• Court: Texas Court of Appeals
• Writing for the Court: Willson
• Citation: Coleman v. State, 2 S.W. 859, 21 Tex.App. 520 (Tex. App. 1886)
• Decision Date: 16 June 1886
• Parties: COLEMAN <I>v.</I> STATE.<SMALL><SUP>1</SUP></SMALL>

Page 859

2 S.W. 859

COLEMAN

v. STATE.¹

Court of Appeals of Texas.

June 16, 1886.

Appeal from district court, San Jacinto county.

The conviction in this case was for selling a certain horse, which the defendant had previously sold to one C. H. Davidson. The penalty assessed was a term of three years in the penitentiary. The disposition made of the case does not require a statement of the facts proved.

No appearance for appellant. Asst. Atty. Gen. Burts, for the State.

WILLSON, J.

It is alleged in the indictment that the defendant did unlawfully, with intent to defraud, etc., sell and dispose of a brown horse, about 10 years old, branded on shoulder "D C," having theretofore executed and delivered to C. H. Davidson a mortgage, in writing, upon said horse, etc. The mortgage introduced in evidence describes the horse as it is described in the indictment.

There is no positive evidence as to the brand upon the horse sold by defendant. One witness testified that he thought said horse was branded "H." In the charge of the court we find the following paragraph: "If you believe the defendant executed the mortgage described in the indictment and offered in evidence, and he described the property in making such mortgage, and that Davidson relied on such description, and that defendant described the horse in such mortgage as being branded `D C,' and you find the horse so described was sold by defendant with the fraudulent intent alleged in the indictment, then it is not material to this case, and makes no difference, whether the horse was or is actually branded `D C' or not, or what the age of the horse is, provided it was in fact the horse owned by defendant, and mortgaged by him to said Davidson, and...