Thompson v. State
Texas Supreme Court
Appeal from Bastrop. Tried below before the,Hon. J. P. Richardson. Calvin Thompson was indicted for theft of “four barrow hogs and two sow hogs of the aggregate value of thirty dollars.”
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Appeal from Bastrop. Tried below before the,Hon. J. P. Richardson. Calvin Thompson was indicted for theft of “four barrow hogs and two sow hogs of the aggregate value of thirty dollars.” On the trial the owner of the hogs testified that his “ hogs were missing about first of April, 1874. Some time about the first of July the two sows came home without the others and in the mark of the defendant.” * * “ When the two sows came back I told Jim Williams, a freedman, who was living with me, to go to the defendant’s house and look for my hogs. In a day or two Williams told me he saw four of my hogs…
1Opinion of the Court
Moore, Associate Justice.
Whenever the value of the property alleged to have been stolen is an element for determining the grade of the offense or the extent of its punishment, it is unquestionably necessary to allege in the indictment the value of the stolen property. Obviously, therefore, when the difference between grand and petit larceny is distinguishable merely by the value of the property stolen, not only must its value be stated, but where several articles are stolen, unless the value of each article stolen is alleged instead of the aggregate value of the whole, if there is a failure…
2Cited by28 opinions
- Robbins v. WynneTexas Commission of Appeals · 1932
- Lehman v. StateCourt of Criminal Appeals of Texas · 1990
- Cartwright v. United StatesCourt of Appeals for the Fifth Circuit · 1944
- Western & Atlantic Railroad v. CoxSupreme Court of Georgia · 1902
- State v. StrumSupreme Court of Iowa · 1918
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