Bray v. State
Texas Supreme Court
41 Tex. 203 (1874)
- Written by Liz Nakamura, JD
Facts
The State of Texas charged Bray (defendant) with the theft of a cow belonging to W. J. Hamner. At trial, Bray introduced evidence indicating that he took the cow because he believed that the cow was the property of his father. Bray requested that the trial court issue a jury instruction stating that Bray could not be convicted of theft if he honestly, albeit mistakenly, believed the cow was his father’s cow. The trial court denied Bray’s request. Instead, the trial court instructed the jury that (1) mistake of fact was a complete defense only if the mistaken belief arose following the exercise of proper care and, therefore, (2) regardless of Bray’s mistaken belief as to the cow’s ownership, Bray could be convicted of theft unless Bray proved his mistaken belief was reasonable and that he took reasonable care to determine the cow’s ownership before taking the cow. The jury convicted Bray. Bray appealed.
Rule of Law
Issue
Holding and Reasoning (Gould, J.)
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