Brisco v. State

Citations

• 4 Tex. Ct. App. 219

Syllabus

<p>1. Theft of Animals. — A ridgling (i. e., a half-castrated horse) is not a “gelding,” but is a “horse,” within the denomination of animals contained in article 765 of the Penal Code. Proof, therefore, that the stolen animal was a ridgling will not support an indictment for theft of a gelding.</p> <p>2. Same — Charge of the Court. — Trying an indictment for theft of a gelding, the court below instructed the jury that proof which showed that the animal, though but partially castrated, was so 'castrated as to appear and be regarded as.a gelding, would sustain the allegation that it was a ' gelding. Held, that the charge was erroneous, because it prescribed a wrong criterion of the character of the animal, and also because it was a charge upon the weight of evidence.</p>