Warren v. State
Texas Supreme Court
Appeal from Austin. The case was tried before lion. Benjamin Shorpshire, one of the district judges. Warren, a freedman, was indicted for theft, under article 745 of the Penal Code.
Read the full summary
Appeal from Austin. The case was tried before lion. Benjamin Shorpshire, one of the district judges. Warren, a freedman, was indicted for theft, under article 745 of the Penal Code. (Paschal’s Dig., Art. 2381, Note 683.) The indictment charged (time and place) “$10, in lawful money, the property of T. A. Engleke, of said county and State, the defendant did fraudulently steal, take, and carry away from the possession of the said T. A. Engleke, without his consent, with the intent to deprive the owner of the value of the same, and to appropriate it to his own use.” The evidence was, that…
1Opinion of the CourtDonley, J.
The motion in arrest of judgment was properly overruled. The allegation is, that the defendant did steal, fraudulently take, and carry away, from the possession of Bngleke, $10 in lawful money. This allegation would require proof of the taking of coin, and is sufficiently descriptive within itself to advise the defendant of the charge he has to meet. It was unnecessary to allege that the money taken was of the value of $10. The value is sufficiently averred in the description of the thing stolen. The statement of the number of dollars stolen is an averment of its value.
The court was requested…
2Cases cited2 opinions
- State v. PhelpsSupreme Court of Vermont · 1839
- Hector v. StateSupreme Court of Missouri · 1829
3Cited by18 opinions
- Oursbourn v. StateCourt of Criminal Appeals of Texas · 2008
- Bordman v. State, Texas Court of Appeals, 14th District (Houston)2001
- Perry v. StateCourt of Criminal Appeals of Texas · 1901
- Territory of New Mexico v. HaleNew Mexico Supreme Court · 1905
- Shelton v. StateCourt of Criminal Appeals of Texas · 1959
13 more not listed; retrieve them via the Exa API.