Bland v. State

Decided April 15, 1885

Court of Appeals of Texas · decided 1885-04-15

Tried below before the Hon. F. E. Finer. The case is substantially stated in the opinion. A term of five years in the penitentiary was the punishment assessed against the appellant.

Decided 1885-04-15

Hurt, Judge.

¶1This is a conviction for the theft of a horse. It is alleged in the indictment that the horse was stolen from the possession of one Kinkannon, and that the horse was the property of A. L. Henson. The indictment negatives the consent of Henson, but fails to negative the consent of Kinkannon. This is fatal to the sufficiency of the indictment. This subject will be more fully discussed in the case of Bailey v. The State.

¶2The judgment is reversed and the prosecution dismissed.

¶3Reversed and dismissed.

¶4[Opinion delivered April 15, 1885.]