Madison v. State
Court of Appeals of Texas
Appeal from the District Court of Walker. Tried below before the Hon. J. E. Kennard. The conviction was for the theft of twenty hogs, the property of E. H. Cabiness, of the aggregate value of forty dollars, in Walker county, on the tenth day of March, 1883. A term of two years in the penitentiary was the punishment awarded. E. H. Cabiness was the first witness for the State, He testifled that, early in March, 1883, he left his home to look after his stock.
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Appeal from the District Court of Walker. Tried below before the Hon. J. E. Kennard. The conviction was for the theft of twenty hogs, the property of E. H. Cabiness, of the aggregate value of forty dollars, in Walker county, on the tenth day of March, 1883. A term of two years in the penitentiary was the punishment awarded. E. H. Cabiness was the first witness for the State, He testifled that, early in March, 1883, he left his home to look after his stock. The creek running near his house was so swollen that he left his horse and crossed over on a foot log, and went into the field in which…
1Opinion of the Court
White, Presidihg Judge.
The appellant was convicted of the theft of certain hogs, the property of one Cabiness. Without discussing the many errors assigned, we propose to discuss but two questions, to wit: 1. As to the sufficiency of the facts to establish theft as defined in our Code; and 2, the sufficiency of the evidence to establish the guilt of the defendant.
A fraudulent “ taking” is the essential element of theft as that offense is defined in our Code. (Penal Code, Art. 724.) At common law, a carrying away or asportation was necessary in connection with a fraudulent taking, but under our…
2Cases cited4 opinions
- Mullins v. StateTexas Supreme Court · 1873
- White v. StateTexas Supreme Court · 1854
- Martin v. StateTexas Supreme Court · 1875
- McHenry v. StateTexas Supreme Court · 1874
3Cited by1 opinion
- Sims, MichaelCourt of Criminal Appeals of Texas · 2003