Porter v. State
Court of Appeals of Texas
Appeal from the District Court of Collin. Tried below before the Hon. H. O. Head. The indictment jointly impleaded the appellant, Charles Wilson, Albert Redding and Robert Bagley, and charged them with the theft, in Collin county, Texas, on December 17, 1886, of ninety-five dollars in money, the property of M. A. Tolan. The appellant being alone on trial, he was convicted, and his penalty was assessed at a term of three years in the penitentiary.
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Appeal from the District Court of Collin. Tried below before the Hon. H. O. Head. The indictment jointly impleaded the appellant, Charles Wilson, Albert Redding and Robert Bagley, and charged them with the theft, in Collin county, Texas, on December 17, 1886, of ninety-five dollars in money, the property of M. A. Tolan. The appellant being alone on trial, he was convicted, and his penalty was assessed at a term of three years in the penitentiary. M. A. Tolan was the first witness for the State. He testified, in substance, that on the seventeenth day of December, 1886, he left the town of…
1Opinion of the Court
White, Presiding Judge.
In explaining the meaning and comprehensiveness of the word “taking,” as used in our statutory definition of theft, Article 737 of the Penal Code provides, amongst other things, that “if the taking, though originally lawful, was obtained by any false pretext, or with any intent to deprive the owner of the value thereof and appropriate the property to the use and benefit of the person taking, and the same is so appropriated, the offense of theft is complete.” This *302is where the possession of property has been acquired lawfully by the taker,—that is, where the owner…
2Cases cited1 opinion
- Dignowitty v. StateTexas Supreme Court · 1856
3Cited by9 opinions
- McDonald v. StateCourt of Criminal Appeals of Texas · 1964
- Gage v. StateCourt of Criminal Appeals of Texas · 1964
- Maxwell v. StateCourt of Criminal Appeals of Texas · 1938
- McClure v. StateCourt of Criminal Appeals of Texas · 1982
- Automobile Underwriters' Co. v. RhineholdCourt of Appeals of Texas · 1923
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