43 Tex. 367 | Tex. | 1875
The appellant with her husband, Luke Porter, and her son, George Porter, were jointly indicted in the District Court of Guadalupe county, charged with the theft of ten hogs, of the aggregate value of sixty dollars, on the 4th day of February, 1875.
The State having dismissed the prosecution against George Porter, a severance being granted, the defendant, Luke Porter, was tried and convicted of the offense charged. The judgment of conviction in the District Court has9 been affirmed on appeal to this court during the present term. The appellant, Martha Porter, being separately tried, was convicted of the offense charged, and the motions for a new trial and in arrest of judgment being overruled, she has appealed to this court, and assigns, among other grounds, that the court erred in the charge to the jury and erred in refusing the instructions asked by defendant’s counsel.
In the charge of the court we find no error. In the second instructions asked by defendant and refused by the court the instruction embraced in the first paragraph, relative to statements made to protect a husband against a criminal prosecution, had been already given by the presiding judge in the instruction previously asked by defendant. The second paragraph of the last instructions asked, that the “ admissions, when drawn out of defendant
The evidence shows that the hogs were driven out of “ Estell’s field” by a man and a boy, (her husband and son,) and up to the fence of Porter, the tracks of the man and the foot-prints of the boy corresponding exactly to the measurement of the boots and feet of Porter and son. The trail from the fence to Porter’s smoke-house was destroyed by the prisoner, Luke Porter, he having ploughed up the intervening strip of land between these points, evidently for that purpose. Portions of the slaughtered hogs were found buried in different parts of his field. The entrails of the ten stolen animals were found in a ravine and portions of the meat buried in the neighborhood of Dick Lantern’s house. A portion of the hair or bristles was found
Beversed and remanded.