Hernandez v. State
Texas Court of Appeals
20 Tex. App. 151 (1886)
- Written by Kelli Lanski, JD
Facts
Hernandez (defendant) was tried and convicted of larceny after selling a neighbor’s horse. Hernandez had asked his neighbor if he could borrow the horse to ride it to San Antonio to mail some letters. Hernandez promised to return the horse the next day. After arriving in San Antonio and mailing his letters, Hernandez did not return home but instead stayed a couple of extra days, spending most of his time in a saloon drinking alcohol. Two to three days after first arriving in San Antonio, Hernandez sold his neighbor’s horse to a willing buyer. On appeal from his larceny conviction, Hernandez argued that he did not commit larceny because he acquired the horse lawfully and larceny required a wrongful taking.
Rule of Law
Issue
Holding and Reasoning (Hurt, J.)
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