Public-domain · open source
OpenJurist

39 Tex. 130

Gatlin v. State

Texas Supreme Court

Decided July 1, 1873

Texas Supreme Court · decided 1873-07-01

Tried below before the Hon. Geo. H. Noonan. James A. Gatlin was tried and found guilty on a charge of theft of a mule and saddle, alleged in the indictment to have been the property of Harry Musgrove.

Decided 1873-07-01

Walker, J.

¶1The appellant is charged with stealing one mule, of the value of fifty dollars, and one saddle valued at twenty-five dollars, the property of Harry Mus-grove. The proof shows the general ownership of the property to have been in Bennett Musgrove, but it also shows a special ownership of the property in Harry Mus-grove. Where there is a general ownership in one person and a special in another, in the property stolen, the indictment may lay the property in either. (2 Bishop’s Crim. Prac., 720; Langford v. The State, 8 Texas, 105.)

¶2We deem this a sufficient notice of the errors assigned in this case. ■

¶3The judgment of the District Court is affirmed. ■

¶4Affirmed.

/39/tex/130 · .json · Public domain