State v. Vickery
Texas Supreme Court
Appeal from Wood. Tried below before the Hon. Charles A. Frazer. Charging part of indictment as follows: That Albert Vick-ery, late of the said county of Wood, laborer, being a person of vicious and disorderly habits, and fraudulently intending to defraud and swindle the heirs of St. Clair Patton, deceased, who are to the grand jurors unknown, out of the property hereinafter mentioned, on the 16th day of June, in the year of our Lord .one thousand eight hundred and…
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Appeal from Wood. Tried below before the Hon. Charles A. Frazer. Charging part of indictment as follows: That Albert Vick-ery, late of the said county of Wood, laborer, being a person of vicious and disorderly habits, and fraudulently intending to defraud and swindle the heirs of St. Clair Patton, deceased, who are to the grand jurors unknown, out of the property hereinafter mentioned, on the 16th day of June, in the year of our Lord .one thousand eight hundred and fifty-three, in the county of Wood aforesaid, with force and arms, fraudulently represented to Albert A. Nelson, District…
1Opinion of the CourtWheeler, J.
In order to constitute the offence of -detaining money, goods, &c., under false pretences,-it is essential that the owner should have intended to part with the right of property ; and it is this which distinguishes this offence from the crime of larceny, in cases of a constructive taking, where one, with a felonious intent to convert the goods to his own use, obtains possession of them by some trick or artifice, by which he acquires the possession only, but which has not the effect of transferring any right of property in the goods, from the owner to the party thus obtaining the possession.…
2Cited by13 opinions
- Akers v. ScofieldCourt of Appeals for the Fifth Circuit · 1948
- State v. LoserSupreme Court of Iowa · 1905
- Ladd v. StateSupreme Court of Florida · 1879
- State v. AndersonSupreme Court of Missouri · 1905
- Bink v. StateCourt of Criminal Appeals of Texas · 1906
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