Smith v. State

Citations

• 35 Tex. 738

Syllabus

<p>1. On the trial of S. on an indictment for the theft of a mule, it was proved, on the part of the State, that the defendant pretended to hire the mule for a day or two, and promised to return it at the expiration of that time; and as he rode away he said to the owner, “ What if I trade this mule off to which the owner replied, that it would take a mighty good horse to get his mule. The defendant, instead of returning the mule as he promised to do, exchanged it for a horse, and falsely represented to the owner that the mule had broken away from him, and escaped. This evidence is held sufficient to sustain a conviction for theft of the mule.</p> <p>2. It is no objection to an indictment for theft that it does not state the peculiar circumstances and facts of the case. The office of an indictment is to charge the offense, and not the facts which constitute the offense.</p>