Steele v. State
Court of Criminal Appeals of Texas
The principal State’s witness testified that defendant asked him for a match, which he kept in his pocketbookj as he handed her the match, she saw the purse and asked witness for a dime, which he refused, and she grabbed $10 from the purse. Witness said, “You got a fen-dollar bill of mine.” Defendant replied, “Ho, I have not,” and threw her hands behind her, and witness said: “You have, and I am going to have you arrested,” which he did.
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The principal State’s witness testified that defendant asked him for a match, which he kept in his pocketbookj as he handed her the match, she saw the purse and asked witness for a dime, which he refused, and she grabbed $10 from the purse. Witness said, “You got a fen-dollar bill of mine.” Defendant replied, “Ho, I have not,” and threw her hands behind her, and witness said: “You have, and I am going to have you arrested,” which he did. Another witness testified that defendant told her that she had a ten-dollar bill and exhibited it to witness. This witness also corroborates the main witness…
1Opinion of the Court
Appellant was convicted of theft from the person, and her punishment assessed at confinement in the penitentiary for a term of five years.
Appellant assigns as error the action of the court refusing to quash the indictment. She insists that the indictment is bad for duplicity, in that it alleges that the theft was committed without the knowledge of prosecutor, and so suddenly as not to allow time to make resistance before said property was carried away, etc.; that this all being the same count renders the indictment duplicitous. The allegations of the indictment in this respect are as follows:…
2Cases cited2 opinions
- Lovejoy v. StateCourt of Criminal Appeals of Texas · 1893
- Parker v. StateCourt of Criminal Appeals of Texas · 1902
3Cited by5 opinions
- Gonzales v. State, Texas Court of Appeals, 7th District (Amarillo)1984
- McCombs v. StateCourt of Appeals of Texas · 1984
- Sanchez v. StateCourt of Appeals of Texas · 1984
- Wright v. StateCourt of Criminal Appeals of Texas · 1913
- Burke v. StateCourt of Criminal Appeals of Texas · 1932