Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42. Page: 251
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1875.] DINKENS v. THE STATE. 251
Opinion of the Court.
"accused to ride behind him, and told the accused that the
"horse belonged to him, and that the said Phil Blue placed said
"horse in the possession of the accused, and directed the ac"cused
to ride the lorse up to the house of J. T. Wilkinson,
"who resides in Walker county, and ask if they might stay all
"night, which lie did; that said witness had been with the
"accused all the day preceding this occurrence, and the part
"of the night that had elapsed before he met the said Blue,
"and that up to that time the accused had nothing to do with
"said horse; that the horse was taken out of the possession of
"the accused by the aforesaid J. T. Wilkinson at his house,
" and was not in the possession of the accused more than ten
' minutes; that the accused had been pulling fodder for Mr.
"Estien in Grimes county, near the line of Grimes and Walker
t counties, and was on his way home to his father's home, who
"resides near Huntsville, in Walker county, when he accepted
" the invitation of the said Phil Blue to ride behind him, the
"said Blue going in the direction of Huntsville. Affiant
" further says that the above facts are true.
" The said witness is not absent by the procurement or con"sent
of the accused, and this application for a continuance is
"not made for delay. his
"(Signed) Louis x DINKENS."
The defendant had employed counsel before indictment
found, and the court below, holding that lie should have prepared
for trial before the presentation of an indictment, overruled
the application for a continuance.
Randolph & 2 Mclinney, for appellant.
Geo. Ulark, Attorney-General, for the State.
REEVES, J. The court did not err in overruling the motion
in arrest of judgment. A gelding is specified as one of the
animals which the Code makes the subject of theft, and tile
indictment follows the Code, and is supported by precedent.
Archbold's Cr. Practice and Pleading, 39S.
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Texas. Supreme Court. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/259/: accessed November 20, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .