Walker v. State
Walker v. State
Opinion of the Court
Under an indictment for theft of a cow, appellant was found guilty and his punishment affixed at a fine of $250.
The court very properly, in the second portion of the
Of the numerous errors complained of in the assignment of errors, and so forcibly argued in the able brief of counsel for appellant, we select the one most urgently insisted upon, and really the most plausible, as the only one requiring special notice or discussion. This same question'is presented in more than one of the bills of exceptions, but always in the same manner. In substance it may be stated thus: Defendant asked his witnesses, when on the stand, to state the object and purpose for which the herd of cattle in which the stolen cow was driven off, were gathered in Johnson and driven to Bosque County. Upon objection by the State, the evidence was excluded by the court as irrelevant. So far as we can see from the recitals in bill of exceptions, the ruling of the court was correct. It is insisted, however, in the brief of counsel, that the evidence, if admitted, would have established that defendant, as agent of his father, went to Johnson County to collect up his father’s cattle running there upon the range, and with the purpose of driving them to his home in Bosque County, in order that they might there brand the calves, take out the beeves, and then drive the remainder of the stock back to their accustomed range in Johnson ; and that this proof would have tended strongly to negative, if it did not entirely negative, a fraudulent intent on the part of the defendant in driving the cow to Bosque with the herd.
Unfortunately for this theory, the bills of exception do not sustain it. It is not stated in the bills that he proposed to prove such facts, nor indeed any specific facts. The
The question of fraudulent intent was very fully and fairly submitted in the charge given the jury, and no necessity is perceived why the requested instructions, even as far as they were legal and applicable, should in addition have been given.
The evidence is sufficient to warrant the jury in the conclusion they have expressed in their verdict, and we see no occasion to disturb the judgment, which is therefore affirmed.
Affirmed.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.