McDaniel v. State

Citations

• 33 Tex. 419

Syllabus

<p>I. It was error to overrule a motion for a new trial, when the evidence showed that the accused, convicted of horse stealing, took his neighbor’s horse publicly, in the street oí a town, leaving word that he had done-so, and manifesting an intention to return him after riding him a few miles. The facts repel a felonious intent, and under such proof the conviction cannot be sustained by presumptions of law or fact.</p>