Taylor v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Jefferson. Tried below before the Hon. W. H. Pope. Appeal from a conviction of theft of property over the value of $50; penalty, two years imprisonment in the penitentiary.
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Appeal from the District Court of Jefferson. Tried below before the Hon. W. H. Pope. Appeal from a conviction of theft of property over the value of $50; penalty, two years imprisonment in the penitentiary. The testimony for the State showed that a box of overcoats, some seventeen in number, which had been delivered to the White House Dry Goods Co. disappeared; that this delivery took place in the fall of 1906; that a certain coat, alleged to have been sold by the defendant and exhibited to the jury, was attempted to be identified by certain samples exhibited at the same ti hie before the…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of theft of property over the value of $50 and his punishment assessed at three years confinement in the penitentiary.
The evidence of the theft in this case is purely circumstantial. The court should have given the charge on circumstantial evidence.
The first count in the indictment charges the possession in H. W. Spear, who was holding said property for the Whitehouse Dry Goods Company, a corporation. This is the only count in the indictment submitted by the court to the jury. The courf in its charge, among other things, tellá the jury: “If from the…
2Cited by3 opinions
- Wayland v. StateCourt of Criminal Appeals of Texas · 1920
- Marina v. StateCourt of Criminal Appeals of Texas · 1922
- Edmonds v. StateCourt of Criminal Appeals of Texas · 1934