Cunningham v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Hamilton. Tried below before the Honorable J. R. McClellan. Appeal from a conviction of theft of turkeys over the value of $50; penalty, two years imprisonment in the penitentiary. The opinion states the case. On question of value: Johnson v. State, 122 S. W. Rep., 877; Martinez v. State, 16 Texas Crim. App., 122.
1Opinion of the Court
HAWKINS, Judge.
Conviction was for felony theft of turkeys. Punishment two years in penitentiary.
The record is before us with no bills of exception.. An attempt is made to raise in this court for the first time the question as to the sufficiency of the evidence to justify a finding that the propg^aifcas of the value of fifty dollars or over. This question gested in the motion for new trial.
It has long been the settled rule in this State that “value” as it relates to stolen property, is the market value of the property at the time and place of taking, if it has a market value, and if not, the…
2Cases cited1 opinion
- Keipp v. StateCourt of Criminal Appeals of Texas · 1907
3Cited by14 opinions
- George Herman v. United StatesCourt of Appeals for the Fifth Circuit · 1961
- Keeton v. StateCourt of Criminal Appeals of Texas · 1991
- Husten v. United StatesCourt of Appeals for the Eighth Circuit · 1938
- Wise v. StateCourt of Appeals of Texas · 1973
- Pena v. StateCourt of Criminal Appeals of Texas · 1967
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