Dixon v. State
Court of Appeals of Texas
. Appeal from the District Court of Dallas. Tried below before the Hon. G. N, Aldredge. This is an appeal from a conviction for the theft of two horses, the property of L. B. Miller, in Dallas county, Texas, on January 25, 1881. A term of eight “years in the penitentiary was the penalty imposed by the verdict of guilty. L. B. Miller was the first witness for the State.
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. Appeal from the District Court of Dallas. Tried below before the Hon. G. N, Aldredge. This is an appeal from a conviction for the theft of two horses, the property of L. B. Miller, in Dallas county, Texas, on January 25, 1881. A term of eight “years in the penitentiary was the penalty imposed by the verdict of guilty. L. B. Miller was the first witness for the State. He testified that, at the time of this trial, and at the time of the theft, in January, 1881, he lived in Johnson county, • Texas. On the night of the twenty-fifth day of that month, two horses were stolen from the witness’s…
1Opinion of the Court
White, Presiding Judge.
“Where property is stolen in one county and carried off by the offender to another, he may be prosecuted either in the county where he took the property, or in any other county through or into which he may have carried the same.” (Code Grim. Proc., Art. 216.)
“After one has done what amounts to a complete theft, if he continues carrying away the stolen things, each step he takes with them -may be treated as a new trespass, and, the intent to *485steal not being abandoned, a fresh larceny; the consequence of which is that he may be indicted either in the county where he first…
2Cases cited1 opinion
- Cox v. StateTexas Supreme Court · 1875