Kelley v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Gonzales. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for theft of money over the value of §20, the punishment being assessed at three years in the penitentiary. The money stolen belonged to Will Williams, the stepfather of defendant. Will Williams testified, that he was about 100 years old.
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Appeal from the District Court of Gonzales. Tried below before Hon. T. H. Spooner. This appeal is from a conviction for theft of money over the value of §20, the punishment being assessed at three years in the penitentiary. The money stolen belonged to Will Williams, the stepfather of defendant. Will Williams testified, that he was about 100 years old. That he had collected the money on some promissory notes due him, and pqt it in the pocket of a ducking coat, fastened the pocket with a wire, and when he went to bed, put the coat under his head. He had been asleep sometime, when he felt his…
1Opinion of the Court
DAVIDSON, Judge.
The indictment was attacked because, in regard to the silver money alleged to have been stolen, there was no allegation of value. In this respect in was averred that “forty dollars in silver, current money of the United States of America,” were taken. This was sufficient as to quantity, kind, and value of the silver money, without further allegation of value. For discussion of the subject, see Menear v. The State, 30 Texas Crim. App., 475; Otero v. the State, 30 Texas Crim. App., 450; Lewis v. The State, 28 Texas Crim. App., 140. Again, this allegation could have been treated…
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- Hornbuckle v. StateCourt of Criminal Appeals of Texas · 1919
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