Gardiner v. State

Citations

• 33 Tex. 692

Syllabus

<p>1. if the State puts the defendant’s declarations m evidence if Is hound By them, unless they are proved to Be false.</p> <p>2. Under oar statute, Paschal’s Digest, Article 1638, a youth under thirteen years of age could not be legally convicted of an offense, when no evidence was adduced by the State to prove that he had “discretion sufficient to understand the nature and illegality of the aet constituting the offense.”</p> <p>$. A boy, being directed by his mother to find and recover her horse, which had been missing for eighteen months, found and took up a horse which much resembled his mother’s. He was told by parsons in the neighborhood that the horse belonged to a man named Werner, whereupon be said h.e would see, and would not take the horse unless, be belonged to bis mother. Without inquiry, however, he took the horse home to his mother, who was unable to say whether it was her horse or not; but the boy, still claiming him as such, used and bitched him publiely in the streets of a large town, loaned him to a friend to ride to an adjoining county, and • in no respect concealed his possession of him, Bc7d, irrespective of the youth of the accused, that the evidence was not sufficient to show a felonious intent, or to sustain a conviction for theft.</p> <p>4. An indictment for theft may be preferred and sustained in any county wherein there was an asportation of th'e property, regardless of where it was taken.</p>