Howard v. State

Court of Appeals of Texas

Howard v. State

8 S.W. 806, 25 Tex. Ct. App. 602, 1888 Tex. Crim. App. LEXIS 114

CourtCourt of Appeals of Texas

DecidedJune 13, 1888

DocketNo. 6143

StatusPublished

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Howard v. State, 8 S.W. 806, 25 Tex. Ct. App. 602, 1888 Tex. Crim. App. LEXIS 114 (Tex. Ct. App. 1888).

Pincite

Opinion

Willson, Judge.

We find no material error in the charge of the court, and there is no bill of exceptions in the record specifying any errors in the charge.

[607]*607Opinion delivered June 13, 1888.

As presented in the record; the evidence does not, in our opinion, sustain the conviction. It is sufficient to establish that the defendant .took a horse belonging to Bagley, as charged in the indictment; but it does not establish that such taking was accompanied by a fraudulent intent on the part of the defendant. As we view the evidence, it rebuts the allegation of fraudulent intent.

The judgment is reversed and the cause is remanded.

Reversed and remanded.

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