Britt v. State

Citations

• 21 Tex. Ct. App. 215
• 17 S.W. 255
• 1886 Tex. Crim. App. LEXIS 122

Syllabus

<p>1. Cattle Theft—Bill of Sale—Evidence—.The defense in a theft case admitted the execution of the bill of sale spoken of by the witnesses, but objected to the bill of sale itself as evidence, upon the ground that it was recorded by the county clerk in the wrong book. Held, that the objection was without merit.</p> <p>3. Same.—See the opinion for evidence held, under the circumstances of the ease, to have been properly rejected.</p> <p>3. Same.—Charg-e of the Court instructed the jury in a theft ease that, if “ they believed from the evidence that the defendant did not know that he had given or executed a bill of sale to said yearling, and that he, himself, believed at the time he sold it to Williams, that it was his own property, and that he had the right to sell it, then they should find the defendant not guilty.” Held correct, in view of the evidence in the case, and sufficient to present the hypothesis of the defense.</p>