Blackburn v. State

Citations

• 44 Tex. 457

Syllabus

<p>1. Theft—Ownership.—IE a person has taken actual control and is in full possession of a horse so as to be responsible to the true owner for the disposition of it, and the horse is taken out of his possession by one having no right or authority, it is a trespass against the temporary possessor; and if taken with intent to steal, the indictment may allege the horse to he the property of the person from whose possession it was taken.</p> <p>2. Theft—Intent.—Evidence that the accused once rode for several days an estray horse in the neighborhood of its range, is not proof of a felonious taking.</p> <p>3. Ownership—Theft.—See facts held insufficient proof of ownership as alleged to sustain a conviction of theft.</p>