Schwen v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Donley. Tried below before Hon. H. H. Wallace. Appeal from a conviction for theft of one head of cattle; penalty* two years’ imprisonment in the penitentiary. The indictment alleged the ownership in R. R. Wheatley, and his brother, T. A. Wheatley, and it was contended that, it was essential to prove the want of consent of T. A. Wheatley, which had not been done.
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Appeal from the District Court of Donley. Tried below before Hon. H. H. Wallace. Appeal from a conviction for theft of one head of cattle; penalty* two years’ imprisonment in the penitentiary. The indictment alleged the ownership in R. R. Wheatley, and his brother, T. A. Wheatley, and it was contended that, it was essential to prove the want of consent of T. A. Wheatley, which had not been done. The other two points discussed in the pinion are illustrated by the two following bills of exception reserved by defendant, viz; 1. “The State was permitted to prove, by the witness, H. E. Siders,…
1Opinion of the Court
HURT, Presiding Judge.
Conviction for the theft of a yearling. The proof supports the allegation that the property belonged to R. R. Wheatley. It was not necessary to introduce the other Wheatley to prove his want of consent. R. R. Wheatley and his brother were the joint special owners of the property. See, Art. 445, Rev. Code Crim. Proc. The acts and declarations of J. A. Schwen and wife were clearly inadmissible. If there had been a conspiracy to steal the yearling, it was ended. Again, these acts and declarations were not in furtherance of the common design, but were in the nature of…
2Cases cited1 opinion
- G., C. & S. F. R'y Co. v. LevyTexas Supreme Court · 1883
3Cited by5 opinions
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- Goodman v. StateCourt of Criminal Appeals of Texas · 1926
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- Miller v. StateCourt of Criminal Appeals of Texas · 1915