The Texas Court Reporter Volume 16

The Texas Court Reporter Volume 16

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This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1906 edition. Excerpt: ... with the embezzlement. There were six counts in the indictment, and the conviction was under the fifth count, which charged that Maulding was the agent and employs of R. S. Conn, and that he embezzled said horse, and that appellant aided and abetted him in said embezzlement. This is a suflicient statement of the case to discuss appellant's assignments of error. It does not occur to us that the court committed an error in failing or refusing to give a charge on circumstantial evidence. We understand from the testimony of Hutton that appellant made a confession to him, to the eflect that Maulding, Pearce, and himself took said horses, including the horse in question, and shipped them from Middlewater, to Kansas City. We understand the authorities to hold that a confession is in the nature of positive testimony, and where there is such evidence, the court is not required to charge on circumstantial evidence. The evidence is positive to the efl'ect that Maulding was in the employ of R. S. Coon, and had charge of the horse in the absence of Linn. Aside from the confessions of appellant, the testimony in the case shows that appellant was directly concerned in taking and shipping the horses out. We do not believe that the court was required to give appellant's second requested special instruction, in regard to the venue of said prosecution. The court gave a charge at the request of the State, which embraced the statute on this subject, to-wit: if the jury found defendant by himself, or acting with others as principal, embezzled a horse in Hartly County, and shipped the same by railroad through Dallam County, the venue would be in Dallam County, whether he actually accompanied such embezzled horse through Dallam County or not. Appellant's...
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Product details

  • Paperback | 972 pages
  • 189 x 246 x 49mm | 1,696g
  • United States
  • English
  • black & white illustrations
  • 1236947029
  • 9781236947024