Crowell v. State
Court of Appeals of Texas
Appeal from the District Court of Limestone. Tried below before the Hon. Sam. E. Frost. The conviction in this case was for the theft of one head of •cattle, in Limestone county, Texas, on the twentieth day of June, 1886. The animal was alleged in the indictment to belong to D. W. Carrington. The penalty assessed was a term of three years in the penitentiary. Bill Moss was the first witness for the State.
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Appeal from the District Court of Limestone. Tried below before the Hon. Sam. E. Frost. The conviction in this case was for the theft of one head of •cattle, in Limestone county, Texas, on the twentieth day of June, 1886. The animal was alleged in the indictment to belong to D. W. Carrington. The penalty assessed was a term of three years in the penitentiary. Bill Moss was the first witness for the State. He testified that the defendant was his brother-in-law, and lived with him at his house, in Limestone county, in June and July, 1886. Late in the first, or early in the last mentioned month,…
1Opinion of the Court
Willson, Judge.
A fraudulent taking of property without the consent of the owner, with the intent to deprive the owner of the value of the property, and appropriate it to the use and benefit of the person taking it, constitutes the offense of theft. Such a taking of the property completes the offense. The factum probandum, therefore, is such taking. It is the main fact in issue. Where the main fact in issue is not directly attested by any eye witness, but is proven as a matter of inference from other facts in evidence, the case rests wholly upon circumstantial evidence. (l Greenl. Ev., sees.…
2Cases cited1 opinion
- Coleman v. StateTexas Supreme Court · 1875
3Cited by6 opinions
- Noble v. StateCourt of Criminal Appeals of Texas · 1917
- Yates v. StateCourt of Criminal Appeals of Texas · 1925
- Bailey v. StateCourt of Criminal Appeals of Texas · 1923
- Cabrera v. StateCourt of Criminal Appeals of Texas · 1909
- Gammel v. StateCourt of Criminal Appeals of Texas · 1933
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