Alexander v. State
Court of Appeals of Texas
Appeal from the District Court of Bastrop. Tried below before the Hon. S. W. Moore. The theft was committed and the indictment found before the revision of the Codes. The opinion sufficiently indi- . cotes the material facts. A term of two years in the penitentiary was the punishment assessed against the appellant.
1Opinion of the CourtWinkler, J.
The indictment charges the possession and ownership of the animal alleged to have been stolen in the husband ; the proofs showed that it was the separate property of the wife. The court instructed the jury to the effect that if the proof showed that the property belonged to the wife as her separate property, but that it was under the control and management of the husband, then he is the owner within the definition of theft. The charge of the court is to the effect that an indictment which alleges that the property stolen was in the husband would be supported by proof that the property…
2Cases cited1 opinion
- Johnson v. StateTexas Supreme Court · 1874