Lunsford v. State

Citations

• 1 Tex. Ct. App. 448

Syllabus

<p>1. Practice—Lost Charge.—If a charge to the jury has been lost before-the transcript has been made out, the appellant, if he desires to assign error upon it, should take steps to supply it in the court below, so as to-have it brought up for revision by this court.</p> <p>2. Errors Unassigned.—In a felony case judgment of conviction will be reversed for errors which, though not assigned, cannot be considered as. waived by the appellant or cured by the judgment; as, for instance, if the indictment failed to charge any offense against the law.</p> <p>3. Theft of Animals.—The word “horse,” in its generic sense, includes all' animals of the horse kind, of whatever age or sex; but in Article 2409, Paschal’s Digest, it is used in a specific, and not a generic, sense, and does-not include geldings, mares, etc. An indictment, therefore, for the theft of one of the specified animals must itself be specific, and the proof must, correspond with its averments, in order to support a conviction; and as the-indictment in this case charges the theft of a filly, while the proof showed, the animal to be a mare, the conviction is set aside.</p>