Dale v. State

• Decision Date: 22 April 1893
• Citation: 22 S.W. 49
• Parties: DALE v. STATE.
• Court: Texas Court of Criminal Appeals

22 S.W. 49

DALE v. STATE.

Court of Criminal Appeals of Texas.

April 22, 1893.

Appeal from district court, Williamson county; F. G. Morris, Judge.

Appeal by Moses Dale from a conviction for theft. Affirmed.

W. T. Starnes and Fisher & Chessher, for appellant. R. L. Henry, Asst. Atty. Gen., for the State.

SIMKINS, J.

Appellant was convicted of the theft of a yearling, and sentenced to two years' confinement in the penitentiary, from which he appeals. There are no bills of exception in the record. The only questions raised in the case are: First, the sufficiency of the evidence; second, the charge of the court to the effect that one falsely claiming to own a certain yearling on the range, which he points out and sells to another, who in good faith appropriates it, is as guilty of theft as if he had first taken possession of it and sold it. As to the first ground, the evidence clearly supports the verdict. As to the charge complained of, it is the law. Doss Case, 21 Tex. App. 505, 2 S. W. Rep. 814; Williams v. State, 24 Tex. App. 17, 5 S. W. Rep. 655; Minter v. State, 26 Tex. App. 217, 9 S. W. Rep. 561; Harris v. State, 29 Tex. App. 101, 14 S. W. Rep. 390. The judgment is affirmed. Judges all present and concurring.