Legal Opinion

Davison v. State

Court of Appeals of Texas

Decided July 1, 1882Published

Appeal from the District Court of Erath. Tried below before the Hon. T. L. Nugent. The case is fully disclosed in the opinion. The first head-note gives the language in which the indictment described the money. A fine of $100 and three months’ imprisonment in the county jail were assessed as the punishment.

1Opinion of the CourtWhite, P. J.

As used in the definition of theft, the term “ property ” includes money, bank-bills, etc. Penal Code, art. 732. And under a recent provision of our statute, it is declared that “in indictments for theft or embezzlement of any coin or paper current as money, or of any checks, bills of exchange, or other such security, *216it shall be sufficient to describe the property in general terms, as [money,’ ‘checks,’ ‘bills of exchange,’ or other evidence of debt, of or about a certain amount.” Acts llth Legislature, p. 61, sec. 9. Tested by these provisions, the indictment in this case sufficiently…

2Cases cited4 opinions

  1. Gilbraith v. StateTexas Supreme Court · 1874
  2. Maddox v. StateTexas Supreme Court · 1874
  3. Smith v. StateTexas Supreme Court · 1872
  4. Marshall v. StateTexas Supreme Court · 1868

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