Prim v. State
Texas Supreme Court
Appeal from Smith. The indictment charged “ that Charles Prim, late of the county of Smith, on the twentieth day of March, in the year 1868, did, in the said county of Smith, fraudulently take from the possession of W. T. McAfee, one horse of the value of $150, said horse being the corporeal personal property of the said W. T. McAfee, and without his consent, with intent to deprive the owner of the value of said horse, and to appropriate him to the use of the said Charles…
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Appeal from Smith. The indictment charged “ that Charles Prim, late of the county of Smith, on the twentieth day of March, in the year 1868, did, in the said county of Smith, fraudulently take from the possession of W. T. McAfee, one horse of the value of $150, said horse being the corporeal personal property of the said W. T. McAfee, and without his consent, with intent to deprive the owner of the value of said horse, and to appropriate him to the use of the said Charles Prim, against the peace and dignity of the State.” The defendant excepted to the indictment, because “ it did not charge…
1Opinion of the CourtLindsay, J.
The indictment is complained of in this prosecution for vagueness and uncertainty, in not alleging, in apt language, an offense known to the law; and in not alleging the asportation of the property charged to have been taken by the defendant in the prosecution. Unlike the common law, the Criminal Code of this State in prosecutions for theft has dispensed with the use of. the word “ feloniously” in indictments for that crime, and has substituted the word “ fraudulently,” as expressive of the wrongful or criminal taking, and has super-added other words to constitute the definition of the…
2Cited by5 opinions
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- Jeremy Deashun Brown Jr. v. State, Texas Court of Appeals, 10th District (Waco)2018