Mitchell v. State

MORRISON, Presiding Judge.

The offense is misdemeanor theft; the punishment, 30 days in jail and a fine of $50.00.

The sole contention advanced is that the state failed to prove lack of consent to the taking. The owner testified that the money was missing from his cash register after the appellant left his place of business, but nowhere in his testimony do we find any statement by the witness that he did not consent to the taking.

This is not a question of first impression. In Caddell v. State, 49 Texas Cr. Rep. 133, 90 S.W. 1013 (1905), this court said:

“In Wisdom’s Case it was said: ‘Where the…