Valesco v. State

Citations

• 9 Tex. Ct. App. 76

Syllabus

<p>1. Ex Post Facto Law. — A law which purports to warrant a conviction on different evidence than was requisite when the offence was committed is ex post facto as to such past offences.</p> <p>2. Same — Theft of Animals. — Prior to the revision of the Codes, a conviction for theft of a “horse ” could not be had on proof of the theft of a gelding. Art. 746 of the Revised Penal Code provides otherwise, by using the word “ horse ” in a generic sense, instead of its specific signification under the previous law; but the application of this new provision in a trial for horse-theft committed before the Revised Codes took effect would be ex post facto.</p> <p>3. Same—Variance.—Indictment charged theft of a “horse” at a date prior to the time the Revised Codes took effect. The evidence sustained the allegation as to the time of the offence, but proved that the stolen animal was a gelding. Held, that the variance is fatal to the conviction, notwithstanding that the trial was had since the Revised Codes took effect.</p>