Johnson v. State

PRENDERGAST, Presiding Judge.

Appellant was convicted of the theft of a mule and his punishment fixed at the lowest prescribed by law.

The indictment charges that the offense was committed in Taylor County, Texas. The jury evidently believed the testimony by the State to the effect that, whether the actual original taking was in Taylor or Fisher County, appellant carried the stolen mule into Taylor County. Our statute, article 245, Code Criminal Procedure, expressly provides that where property is stolen in one county and carried by the offender to another, he may be prosecuted in either.…