Johnson v. State

Appellant was convicted, of theft from the

person.

This is a companion case to that of Leonard White, this day decided, in which I dissented. My opinion herein will be my dissent applicable in the White Case, 201 S. W. 186.

The statute prescribing theft from the person is: “If any person shall commit theft by privately stealing from the person of another” he shall bo punished, etc. Article 1350, P. C. The next article prescribes as necessary that: “(1) The theft must be from the person; it is not sufficient that the property be merely in tho presence of the person from whom it is taken. (2) The…