Foresythe v. State

Citation20 S.W. 371
PartiesFORESYTHE v. STATE.
Decision Date26 October 1892
CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas

Appeal from district court, Navarro county; RUFUS HARDY, Judge.

Indictment of George Foresy the for theft of a horse. From a judgment of conviction he appealed. Reversed.

Croft & Croft, for appellant. R. H. Harrison, Asst. Atty. Gen., for the State.

HURT, P. J.

Appellant was indicted for and convicted of the theft of a horse, and given five years in the penitentiary. Pat Ellard testified for the prosecution that he lived in Hill county, near Hubbard city. On December 8, 1890, he saw one John Jones, together with defendant, pass his house. They stopped and looked at a bunch of horses in the pasture, and that the stolen mare was one of this bunch. That he had never before seen defendant, did not speak to him on this occasion, and had not seen him since until he saw him in the courthouse. J. H. McAllister testifies that he had a horse taken at the same time the alleged stolen mare was taken; that they were taken on December the 8th or 9th, but not missed until the 10th; that as soon as they were missed he went to look for them and, failing to find them, left word at different places regarding their loss. The mare was found in a pasture in which defendant had placed her by permission of the owner. Defendant's theory of the case was that he had been at work, at the time the mare is alleged to have been stolen, for one King, who lived 30 miles from the place of the alleged theft, and that he had bought the mare from a man by the name of Wats, and offered in evidence a bill of sale to this effect. He also contends that the mare was branded CE or CF at the time he bought her, though it is alleged that she was unbranded at the time of the theft. John C. King testifies that defendant was at his house, 30 miles from where the mare is alleged to have been stolen, and picked cotton for and with him on Monday, December 8, 1890; that he left defendant working for him on Tuesday, and on his return from Corsicana the next day found defendant and Grant Collins still picking cotton in his field. Miss Rachel Smith testifies that in December, 1890, she was teaching school in Navarro county, and boarded at Mr. King's; that on the 8th, 9th, and 10th of that month defendant and one Grant Collins picked cotton for Mr. King, and boarded at his house. Will Favor testifies that in December, 1890, he met a man going towards Mr. Copes' place, riding a gray horse, and leading a roan mare, which he offered to trade or sell, but said he would rather sell her for $45. A. W. Copes testifies that one evening in December he was near the fence, cutting wood, when a man rode by on a gray horse, leading a roan mare, and that soon after he passed he met defendant and Grant Collins, and stopped, and had a long talk with them; that pretty soon defendant and Collins came by, and defendant, having the mare with him, told him he had bought the mare for $40, and showed him the bill of sale, which he identified as the same one introduced in evidence. Grant Collins testifies that he and defendant...

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1 cases
  • State v. Tomlinson
    • United States
    • Missouri Supreme Court
    • February 7, 1944
    ...the jury. State v. Duncan, supra; State v. Marquardson, 7 Idaho, 352, 62 P. 1034; McMahon v. People, 120 Ill. 581, 11 N.E. 883; Foresythe v. State, 20 S.W. 371. McKittrick, Attorney General, and L. I. Morris, Assistant Attorney General, for respondent. (1) The court did not err in overrulin......

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