Bawcom v. State

Citations

• 41 Tex. 189

Syllabus

<p>1. Oath of petit jury in criminal cases.—Where the record discloses, in a criminal case, that an oath different in its terms from that prescribed by the statute was administered to the jury, the judgment will be reversed.</p> <p>2. Theft in removing cattle from their accustomed range.— On the trial for such offense, it is admissible for the defendant to prove his directions given to his employees as to the cattle to he gathered and driven, for the purpose of rebutting the charge of fraudulent intent, necessary to constitute theft.</p> <p>3. Charge of the court in such cases.—The question of fraudulent intent should be left to the jury, for the purpose of ascertaining the punishment to be imposed upon the act of driving the stock from its accustomed range.</p>