Spinks v. State

Citations

• 8 Tex. Ct. App. 125

Syllabus

<p>1. Theft. —In a trial for theft of certain cattle, the State proved a bailment of the cattle by the owner to the defendant, who thereupon had an incorrect record made of the owner’s brand, and then sold the cattle without the owner’s consent. The jury were instructed to acquit unless from all the evidence they were satisfied that the defendant, at the very time he obtained possession of the cattle, intended to deprive the owner of their value. Seld, correct.</p> <p>2. Same—Cattle-Brands.— After indictment found, the owner had a correct record made of his brand. Over objection by the defence, the State was allowed to put this second record in evidence, and the jury were instructed that it was relevant to the question of ownership, provided they were satisfied from the evidence that the alleged owner, when he delivered the cattle to the defendant, had the control of them, and other indicia of ownership. Held, substantially correct, in connection with all the facts in proof and the entire charge of the court.</p>