Legal Opinion

Clark v. State

Court of Appeals of Texas

Decided November 24, 1888No. 3017PublishedCited by 2 opinions

Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. This conviction was for felony theft, and the penalty assessed by the verdict was a term of two years in the penitentiary. Orville Murphy was the first witness for the State. He testified that he was the son of Arch Murphy, deceased, who had been dead about two years and a half, and was the brother of Arch Murphy, Jr., deceased, who had been dead about five months.

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Appeal from the District Court of Smith. Tried below before the Hon. F. J. McCord. This conviction was for felony theft, and the penalty assessed by the verdict was a term of two years in the penitentiary. Orville Murphy was the first witness for the State. He testified that he was the son of Arch Murphy, deceased, who had been dead about two years and a half, and was the brother of Arch Murphy, Jr., deceased, who had been dead about five months. Witness’s father, at the time of his death, was the proprietor of a jewelry store in Tyler, Smith county, Texas. Upon the death of his father Arch…

1Opinion of the Court

Willson, Judge.

In the indictment the ownership and possession of the property are alleged in Orville Murphy. These allegations were sustained by the evidence, which shows that said Murphy, at the time of the theft, was a joint owner and possessor with others of the property. (Code Crim. Proc., art. 426; Crockett v. The State, 5 Texas Ct. App., 526; Henry v. The State, 45 Texas, 84.) Upon the issues of ownership and possession the court instructed the jury fully and correctly, and properly refused the special instruction requested by defendant’s counsel.

Theft of several articles of jewelry is…

2Cases cited1 opinion

  1. Henry v. StateTexas Supreme Court · 1876

3Cited by2 opinions

  1. Clark v. StateCourt of Criminal Appeals of Texas · 1948
  2. Day v. StateCourt of Criminal Appeals of Texas · 1952

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