Marshall v. State

Citations

• 4 Tex. Ct. App. 549

Syllabus

<p>1. Removing Live Stock, etc. — Theft.—Under the Code of this state a conviction may, under an indictment for theft of cattle, be had for willfully driving or removing from its accustomed range any live stock of another, without consent of the owner; but, to sustain such a conviction, the value of the animals must be alleged and proved, inasmuch as the penalty is regulated by the value.</p> <p>2. Same—Verdict. — The charge to the jury may be looked to for the purpose of ascertaining the offense of which their verdict in such a case convicts the accused.</p> <p>3. Case Stated. — Trying an indictment for theft of two head of cattle alleged to be worth $10 each, the court, after hearing the evidence, declined to give in charge to the jury the law of theft, but charged the law pertinent to the removal of live stock from their accustomed range, etc. The jury found a general verdict of guilty, without specifying the offense, and assessed a fine of $1. Held, that the verdict would be in better form if it expressly acquitted the accused of theft, but is a good verdict of conviction for the offense submitted to the jury by the charge of the court. There being no proof of value, however, the judgment is reversed.</p>