Barfield v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

Appellant takes the position that we ought to hold that “possession” in robbery means the same thing as in theft as defined in Art. 1415 P. C.; and that Jewett was merely a “cus todian” or watchman, and that the property taken was not, therefore in his “possession” as charged.

Appellant cites us to Gideon v. State, 119 Texas Cr. R. 612, 44 S. W. (2d) 687; Burgess v. State, 114 Texas Cr. R. 664, 26 S. W. (2d) 299; Boatright v. State, 121 Texas Cr. R. 578, 51 S. W. (2d) 311; as supporting his position that property in the mere “custody” of a servant or…