Moore v. State

Citations

• 8 Tex. Ct. App. 496

Syllabus

<p>1. Theft of Animals. — The principle that domestic animals on their accus. tamed range are in the possession of their owner is a necessity in the jurisprudence of pastoral countries, and well established in that of this State; and our Code provides that possession is constituted by the actual control, care, or management of the property, whether lawful or not. By these principles, and their underlying policy, exceptions have in this State been engrafted on the general rule that an indictment for theft must allege the ownership in the true owner.</p> <p>2. Same — Case Stated. — Indictment for the theft of a mare alleged the ownership and possession in one W. The proof showed that the mare, when stolen, was on her accustomed range, and that W. reasonably and in good faith claimed her as his property, and exercised actual control, care, and management of her; but that, previous to the trial, the mare was claimed by, and awarded to, another person. Held, in view of the provisions of the Code, and by analogy with former adjudications, that the ownership and possession were well alleged to be in W., and the conviction is sustained. See the opinion in extenso.</p> <p>3. Theft—Return of the Stolen Property, to entitle the thief to the mitigation allowed by the Code, must be actual and indicative of penitence, and not clandestine or merely factitious.</p>