Taylor v. State
Court of Appeals of Texas
Appeal from the District Court of Dallas. Tried- below before the Hon. B. E. Burke. The conviction in this case was for theft of property over the value of twenty dollars, and the penalty assessed against the appellant was a term of two years in the penitentiary.
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Appeal from the District Court of Dallas. Tried- below before the Hon. B. E. Burke. The conviction in this case was for theft of property over the value of twenty dollars, and the penalty assessed against the appellant was a term of two years in the penitentiary. Dan Stewart testified, for the State, in substance that a coat, vest and pair of shoes, worth in the aggregate more than twenty dollars, were stolen from his room over the “Coney Island” saloon in Dallas, Texas, about the time alleged in the indictment. He did not know who stole the said articles. Dick Nelson, an employe about the…
1Opinion of the Court
White, Presiding Judge.
No one saw the defendant take the alleged stolen property. As made by the evidence, the case was one of possession, explained by defendant, of property recently stolen, the sufficiency of such explanation being a question for the jury. “The factum probandum of theft, as that offense is defined by our statute, is the taking of the property. If the talcing, being the main fact in issue, is not directly attested by an eye witness, but is proved as a matter of inference from other facts in evidence, the case rests wholly upon circumstantial evidence, and the failure of the…
2Cited by2 opinions
- Levi v. StateCourt of Criminal Appeals of Texas · 1978
- Staten v. StateCourt of Criminal Appeals of Texas · 1922