Perry v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Navarro. Tried below before Hon. J. F. Stout, County Judge. Appeal from a conviction of theft of money under the value of $50; penalty, sixty days confinement in the county jail. The money charged to have been stolen was taken from the possession, and was the property of, Horace Perry. Horace Perry was a brother of Ben Perry, the defendant. Ben Perry was a boy 15 years of age, who lived with his father.
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Appeal from the County Court of Navarro. Tried below before Hon. J. F. Stout, County Judge. Appeal from a conviction of theft of money under the value of $50; penalty, sixty days confinement in the county jail. The money charged to have been stolen was taken from the possession, and was the property of, Horace Perry. Horace Perry was a brother of Ben Perry, the defendant. Ben Perry was a boy 15 years of age, who lived with his father. Horace also lived with his father, and he had saved up the money from his wages working for the telephone company. A portion of the money was recovered by a…
1Opinion of the Court
Appellant was convicted of theft of money under the value of $50, and his punishment assessed at imprisonment in the county jail for sixty days, and he prosecutes this appeal.
Appellant assigns as error a variance between the proof and the allegations as to the description of the money in the information. The information describes the property as "twenty-nine dollars, same being lawful money of the United States of America of the value of twenty-nine dollars." The proof showed four five-dollar bills, silver certificates or national bank notes, and seven one-dollar bills, silver certificates,…
2Cases cited3 opinions
- Thompson v. StateCourt of Criminal Appeals of Texas · 1896
- Warren v. StateTexas Supreme Court · 1867
- Unsell v. StateCourt of Criminal Appeals of Texas · 1898
3Cited by10 opinions
- Neufield v. United StatesCourt of Appeals for the D.C. Circuit · 1941
- Dunn v. StateCourt of Criminal Appeals of Texas · 1986
- Espinosa v. State, Texas Court of Appeals, 14th District (Houston)1995
- State v. CookeOregon Supreme Court · 1929
- Armstrong v. StateCourt of Criminal Appeals of Texas · 1932
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