Turner v. State

Citations

• 7 Tex. Ct. App. 596

Syllabus

<p>1. Lost Indictment — Substitution. — To supply by substitution the loss of an indictment, the record of the court must not only show the suggestion of loss and the leave to substitute, but also that the substitution has in fact been made. Presumptions cannot be indulged to verify the substituted indictment; but the record-entries maybe amended nunc pro tune, even at a subsequent term.</p> <p>2. Theft — Allegation and Proof of Ownership. —Indictment for theft of cattle alleged the ownership to be in one S’., who testified that the animals, though the property of his sister, were, when taken, in his possession and care, and under his control, with full authority to sell them, and that he held a power of attorney from his sister; but the power of attorney was not produced. Held, that the ownership was well alleged to be in E., and his testimony, irrespective of the power of attorney, was admissible in support of the allegation.</p> <p>8. Evidence.—In a trial for theft of cattle, the proof showed that the animals in question, together with several which belonged to the defendant, were “rounded up” by him in their accustomed range, and that he there sold those which belonged to him, and left the purchaser with the entire herd. Held, error to exclude evidence offered by the defendant that when he sold his cattle he told the purchaser to turn the others out of the herd, and, to assist the purchaser in separating the cattle, left with him a hired hand, who, after defendant’s departure, hired to the purchaser and assisted in driving off the entire herd.</p>