Tharp v. State

28 Tex. 696
Texas Supreme Court·Decided December 15, 1866·Published·Cited by 3 cases

Opinion

Donley, J.

—The judgment in this case must he reversed. It does not appear from the evidence that the defendant took and used the ox in Ellis county. It was necessary that this proof should have been made. It was a matter of substance, and requisite to give the court jurisdiction.

The proof was further insufficient, in not showing the value of the ox; this was necessary to enable the jury to determine the amount of punishment. (State v McCormack, 22 Tex., 297.)

The judgment is reversed, and the cause

Demanded.

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Tharp v. State, 28 Tex. 696 (Tex. 1866).

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Related

Crews v. State
10 Tex. Ct. App. 292 (Court of Appeals of Texas, 1881)
Archer v. State
9 Tex. Ct. App. 78 (Court of Appeals of Texas, 1880)
Marshall v. State
4 Tex. Ct. App. 549 (Court of Appeals of Texas, 1878)