Clark v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Tarrant. Tried below before Hon. S. P. Greene. Appellant was indicted for the theft of $10 in money from the person of one Annie Lansky, and at his trial was convicted of said offense, his punishment being assessed at a term of three years in the penitentiary.
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Appeal from the District Court of Tarrant. Tried below before Hon. S. P. Greene. Appellant was indicted for the theft of $10 in money from the person of one Annie Lansky, and at his trial was convicted of said offense, his punishment being assessed at a term of three years in the penitentiary. As to the main fact involved in the case, it is only necessary to give in substance the testimony of Annie Lansky for the State, and that of the defendant as a witness in his own behalf. Annie Lansky testified, substantially, that she went out to get a ten-dollar bill of money changed; that she went for…
1Opinion of the Court
DAVIDSON, Judge.
Appellant was convicted of theft from the person. The State’s proof is, that appellant seized the money alleged to have been taken from the hand of the owner and ran away with it. Appellant’s proof was, that the owner delivered to him the bill to have changed, and that he went into a house to have it so changed, and there conceived the idea of appropriation, and did appropriate it. The appellant asked and was refused a special charge, to the effect, that if the said bill was delivered to him as shown by his evidence, he could not be convicted of theft from the person, although…
2Cases cited1 opinion
- Bishop v. StateTexas Supreme Court · 1875
3Cited by1 opinion
- Garza v. StateCourt of Criminal Appeals of Texas · 1897