State v. Shadle
| Court | Texas Supreme Court |
| Writing for the Court | DEVINE |
| Citation | State v. Shadle, 41 Tex. 404 (Tex. 1874) |
| Decision Date | 01 January 1874 |
| Parties | THE 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.
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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...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). ...
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...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......
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