Stephens v. State, 20539.

Decision Date01 November 1939
Docket NumberNo. 20539.,20539.
Citation132 S.W.2d 878
CourtTexas Court of Criminal Appeals

Appeal from District Court, Cass County; R. H. Harvey, Judge.

Will Stephens was convicted of the theft of a cow, and he appeals.

Judgment affirmed.

Newland, Cornett & Whitworth, of Linden, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.


The offense is theft of cattle; the punishment, confinement in the penitentiary for two years.

The indictment charged, in substance, that on the 28th of August, 1938, appellant and Joe Hill stole one head of cattle from Henry Hughes. Isaac Hughes, a son of the injured party, testified that prior to the loss of his father's heifer he had placed her in a pen near the house. The following morning he found that she was gone and instituted a search for her. At this juncture we quote from his testimony, as follows: "After I missed the cow I began to search around, thought maybe the cow was in the field, and I went all the way around the pasture and could not see where she got in the field. And I began to look to see what had become of her, and I finally came up on a track, looked like somebody had been running her. And I tracked her on and I seen some men tracks, and I followed the track on down to where they carried her through the fence, pulled up a post and let the wire down. A post was pulled out of the ground. The men's tracks followed along with the cow tracks, and I could see them plain on the ground. Then they went on through into Zeke James' pasture, and I went on down through the pasture trying to follow the track on, and seen a wagon track where they come into the pasture, and after I found that track I tracked it to where it went back out of the pasture, and tracked it on as far as Cornett, Texas. When I got there I inquired whether anybody had seen a wagon pass there, and they hadn't, and Mr. McCord 'phoned the law for me." On cross-examination the witness testified that he found the stolen animal approximately two days after the theft in Jaybird Hill's pasture, which was about a mile from the pasture of witness' father.

Arthur Boyd testified that about the time that Henry Hughes lost a heifer appellant came to his home and borrowed his wagon but did not use the wagon bed. The witness said: "He come to my house about 10 or 11 o'clock and said he wanted to borrow my wagon to pick up this wagon (referring to a wagon which belonged to Mr. Hicks, who was appellant's landlord) and I said, `All right.' And he stayed around there until about 12 o'clock and goes home and that afternoon he came back with a team and got my wagon, that was Sunday afternoon, about August, 1938. And he moved this wagon, and after he moved it then he came back by the house and told me he was going to take this bed off of this wagon over to Mr. Alonzo's, the bed off of the broken down wagon, and they went toward Mr. Hicks' and I don't know what time they come in, but I didn't see them or my wagon any more until Monday morning. I don't know what time of night they brought the wagon home but when I woke up Monday morning the wagon was back. He didn't use my bed on my wagon but just used the running gear of my wagon, and he moved the broken down wagon."

James Boyd, a witness for the state, testified that about the time of the loss of the Henry Hughes animal he agreed to buy a yearling from appellant. He said appellant came to his home with Joe Hill late in the evening prior to the loss of the Hughes animal in a wagon which he had borrowed from Arthur Boyd, and told him that he was going to get a yearling which belonged to his wife and deliver it to the witness sometime that night.

The state introduced appellant's voluntary confession, from which we quote as follows: "About dark on last Sunday evening, August 28, 1938, Joe Hill and I left my house. I asked Joe did he want to go and get a heifer. Joe did not want to go and get the heifer at first, but he eventually consented. We stopped at Author Boyd's house and stayed there for about one hour, and after it began to get dark, we left and went to get the heifer. We were in a wagon. We agreed to get Henry Hughes' heifer after we left Author...

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5 cases
  • Love v. State
    • United States
    • Texas Court of Appeals
    • 29 avril 1987
    ...have held that a juror is not disqualified by reason of his knowledge of other convictions against the accused. See Stephens v. State, 137 Tex.Cr.R. 551, 132 S.W.2d 878 [1939]. There is no showing that any juror who served in the case was prejudiced or had formed an opinion by reason of his......
  • People v. Adams
    • United States
    • Illinois Supreme Court
    • 20 décembre 1954 the defendant. See, e.g., Commonwealth v. Hill, 4 Allen 591, 86 Mass. 591; State v. Wren, 121 La. 55, 46 So. 99; Stephens v. State, 137 Tex.Cr.R. 551, 132 S.W.2d 878; Hyde v. State, 196 Ga. 475, 26 S.E.2d 744. In this case, however, we do not reach the constitutional question which the d......
  • Killebrew v. State
    • United States
    • Texas Court of Appeals
    • 15 décembre 1987
    ...v. State, 274 S.W.2d 704 (Tex.Crim.App.1954); Carpenter v. State, 149 Tex.Crim. 144, 192 S.W.2d 268 (1946); Stephens v. State, 137 Tex.Crim. 551, 132 S.W.2d 878 (1939). Killebrew's contention that the four jurors in the instant case were tainted is speculation. He has pointed to nothing in ......
  • Byers v. State, 26439
    • United States
    • Texas Court of Criminal Appeals
    • 13 mai 1953
    ...Arnold v. State, 38 Tex.Cr.R. 1; 40 S.W. 734. Edgar v. State, 59 Tex.Cr.R. 252, 255; 127 S.W. 1053, 1054.' See also Stephens v. State, 137 Tex.Cr.R. 551, 132 S.W.2d 878. The evidence sustains the conviction and its sufficiency is not Finding no reversible error, the judgment is affirmed. ...
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