Jordt v. State

Citations

• 31 Tex. 571

Syllabus

<p>Article 765 of the Penal Code reads as follows: “If any person shall steal any horse, gelding, mare, colt, ass, or mule, he shall be punished by confinement in the penitentiary not less than five nor more-than fifteen years.” (Paschal’s Dig., Art. 2409, Note 686.) A gelding is not a horse, but a eunuch; and an indictment for stealing a horse is not sustained by proof that the accused stole a gelding.</p>