Gonzales v. State

Decided October 18, 1882

Court of Appeals of Texas · decided 1882-10-18

Tried below before the Hon. L. W. Moore. The indictment charged the theft of a horse, the property of E. C. Barker. The venue was laid in Hays county, and the date of the offense was alleged to be the thirteenth day of June, 1882. The trial of the appellant resulted in his conviction, with a five years term in the penitentiary awarded as punishment.

Decided 1882-10-18

Hurt, J.

¶1Appellant was convicted of theft. The court charged the jury that: “If the jury should believe from the evidence that the defendant himself did take the horse in question in such a manner as to constitute theft, or, knowing the same to be stolen, received the same, then he is guilty of the theft thereof.”

¶2We do not think it has ever been the law in this State that a person could be convicted of theft under proof of receiving stolen *51property. Convictions for receiving stolen property have been sanctioned under indictments which merely charged theft.

¶3The charge is erroneous; for which the judgment is reversed.

¶4Reversed and remanded;

¶5Opinion delivered October 18, 1882.