Perkins v. State
Texas Supreme Court
Appeal from McLennan. Tried below before the Hon. A. J. Evans. Appellant was indicted for the theft of a lady’s cloak, valued at twenty-five dollars, the property of E. A. Sturgis, a merchant at Waco. The cloak was taken from Mr. Sturgis’ store at an indefinite time in the autumn of 1868. The proof of its having been stolen by some one was full and positive.
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Appeal from McLennan. Tried below before the Hon. A. J. Evans. Appellant was indicted for the theft of a lady’s cloak, valued at twenty-five dollars, the property of E. A. Sturgis, a merchant at Waco. The cloak was taken from Mr. Sturgis’ store at an indefinite time in the autumn of 1868. The proof of its having been stolen by some one was full and positive. Between one and two months after it was missed, a peace officer, acting under a search warrant, found it in a trunk which was in a house occupied by the appellant and his wife. The trunk was unlocked, and contained other articles of…
1Opinion of the CourtLindsay, J.
According to the rules of law, applicable to the facts proved upon the trial of this cause, there is an invincible and fatal objection to the verdict of the jury and judgment of the.court.
The charge is a felonious taking or stealing of certain personal property from the possession of the owner; embracing in it all the essential requisites of the crime of theft, as defined by the code. By the testimony the corpus delicti is established with sufficient legal certainty. The stolen property was, a month or more after, found in a trunk, in a house occupied by the defendant and his wife. The…
2Cited by5 opinions
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Reagor v. StateCourt of Appeals of Texas · 1991
- Daugherty v. StateCourt of Criminal Appeals of Texas · 1943
- Powell v. StateCourt of Criminal Appeals of Texas · 1917
- Reagor v. StateCourt of Appeals of Texas · 1991