State v. Shadle

CourtTexas Supreme Court
Writing for the CourtDEVINE
CitationState v. Shadle, 41 Tex. 404 (Tex. 1874)
Decision Date01 January 1874
PartiesTHE STATE v. SAMUEL SHADLE.

OPINION TEXT STARTS HERE

APPEAL from Parker. Tried below before the Hon. Charles Soward.

The indictment charged that Samuel Shadle took from the possession of T. C. Moore “one horse, one saddle, and one bridle, &c., being then the property of the said T. C. Moore, without the consent of the said T. C. Moore.”

The exceptions to the indictment were sustained. The opinion sufficiently indicates their character.

George Clark, Attorney General, for the State.

DEVINE, ASSOCIATE JUSTICE.

Appellee was indicted in the District Court of Parker county, at the October term, 1872, under the act of May, 1864, (Pas. Dig., art. 2400,) and charged with having taken, with force and arms, and without lawful authority, out of the possession of T. C. Moore, a horse, saddle, and bridle, the property of said Moore.

Defendant excepted to the indictment. The court below sustained the exception and quashed the indictment, from which judgment the State has appealed.

We are sufficiently informed, from the history of the time when this law was passed, of the objects in view by those who enacted it. The glaring and numerous abuses growing out of the impressment of property for public use during the late war called this act into existence.

These abuses ceased with the return of peace; and we cannot hold it to have been the intention of the Legislature that a mere act of...

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4 cases
  • State Bd. of Ins. v. National Employee Ben. Adm'rs, Inc.
    • United States
    • Texas Court of Appeals
    • March 21, 1990
    ...259 S.W.2d 191 (App.1953); Redding v. State, 109 Tex.Crim. 551, 6 S.W.2d 360 (App.1928); Bills v. State, 42 Tex. 305 (1875); State v. Shadle, 41 Tex. 404 (1874). ...
  • Clark v. Finley
    • United States
    • Texas Supreme Court
    • December 14, 1899
    ...the compensation of officers and their fees, is not in conflict with section 35 of article 3 of the constitution. The cases of State v. Shadle, 41 Tex. 404, and Bills v. State, 42 Tex. 305, relied on by counsel for the relator, are not at all satisfactory to us. In the former the statute wa......
  • Providence Washington Ins. Co. v. Levy & Rosen
    • United States
    • Texas Court of Appeals
    • October 25, 1916
    ...7 Tex. 208; Parker v. Parker, 10 Tex. 86; Robinson v. State, 15 Tex. 312; Tadlock v. Eccles, 20 Tex. 792 [73 Am. Dec. 213]; State v. Shadle, 41 Tex. 404; Breen v. T. P. R. Co., 44 Tex. The main object expressed in both the title and the act was to prevent the avoidance of a policy on person......
  • Jones v. Williams
    • United States
    • Texas Supreme Court
    • January 1, 1874
    ... ... The will was proven up on behalf of Fannie Marshall in the State of Alabama, and admitted to probate on the 10th of March, 1864, in the county of Macon, in that State. It was not necessary that Francis M. Thompson ... ...