Legal Opinion
Gaines v. State
Court of Appeals of Texas
Decided July 1, 1878Published
Appeal from the District Court of Menard. Tried below before the Hon. W. A. Blackburn. The indictment charged the theft of a pistol worth $25, belonging to S. Wallick. The evidence for the State proved that Wallick had the custody of the pistol for one Roberts, the owner of it. Finding the accused guilty, the jury awarded him four years in the penitentiary.
1Opinion of the CourtWhite, J.
“It is not necessary, in order to constitute theft, that the possession and ownership of the property be in the same person at the time of taking.” Pasc. Dig., art. 2886. “ Possession of the person so unlawfully deprived of property is constituted by the exercise of actual control, care, and management of the property, whether the same be lawful or not.” Pasc. Dig., art. 2387.
The rule is well settled that where one person has the general, and another the special, property in the thing stolen, the indictment may allege the property to be in either. Langford v. The State, 8 Texas, 115; Billard…
2Cases cited6 opinions
- Blackburn v. StateTexas Supreme Court · 1876
- Cox v. StateTexas Supreme Court · 1875
- Billard v. StateTexas Supreme Court · 1867
- Moseley v. StateTexas Supreme Court · 1874
- Langford v. StateTexas Supreme Court · 1852
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