Whitehead v. State
Court of Criminal Appeals of Texas
Appeal from the Criminal District Court of Harris. Tried below before Hon. J. K. P. Gillaspie. Appeal from a conviction of theft; penalty, five years imprisonment in the penitentiary. The following statement taken from the Assistant Attorney-General’s brief is substantially correct: The State’s evidence shows that appellant was in Mrs. Fry’s store when the complaining witness, a Mexican woman, was handed $54 by Mrs. Fry.
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Appeal from the Criminal District Court of Harris. Tried below before Hon. J. K. P. Gillaspie. Appeal from a conviction of theft; penalty, five years imprisonment in the penitentiary. The following statement taken from the Assistant Attorney-General’s brief is substantially correct: The State’s evidence shows that appellant was in Mrs. Fry’s store when the complaining witness, a Mexican woman, was handed $54 by Mrs. Fry. After getting the money, it was placed in a basket, and the Mexican woman then went out of the store for about five minutes. Upon returning, she found her money, which was in…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of theft, and his punishment fixed at confinement in the penitentiary for a term of five years.
Appellant insists that the court erred in failing to charge on circumstantial evidence. Appellant confessed to taking the property, and hence it was not necessary to charge on circumstantial evidence. Matthews v. State, 39 Texas Crim. Rep., 553; Landrech v. State, 70 S. W. Rep., 758.
Appellant further insists that the court should have charged the jury if they found appellant did not admit the taking, the jury should disregard the confession. There was no error…
2Cases cited2 opinions
- Mathews v. StateCourt of Criminal Appeals of Texas · 1898
- Landreth v. StateCourt of Criminal Appeals of Texas · 1902
3Cited by3 opinions
- Bloch v. StateCourt of Criminal Appeals of Texas · 1916
- Bailey v. StateCourt of Criminal Appeals of Texas · 1964
- Powers v. StateCourt of Criminal Appeals of Texas · 1949