Baker v. State

Citations

• 11 Tex. Ct. App. 262

Syllabus

<p>1. Theft—Evidence.— Indictment laid the possession of the animal alleged to have been stolen in M. M. A. as administrator of J. T. A., deceased. In his evidence, the administrator claimed his right of possession under the inventory of the property of the estate of the deceased, filed April 15, 1878. The defendant to meet this: evidence proposed to introduce the inventory and appraisement, which, upon objection by the State, was excluded. Held, error.</p> <p>3. Same.— See the opinion for evidence, held insufficient, to support a verdict of theft of a mare.</p> <p>8. Cumulative Punishments were not in vogue prior to the adoption of the Revised Codes, and cannot now be assessed for offenses committed prior to the adoption of that. Code. Such a construction would make the provision of the Revised Code of Procedure (article . 800) an ex post facto and unconstitutional enactment.</p>