Floyd v. State

The offense denounced by Art. 95, P.C., is one in the nature of theft and embezzlement in that it makes unlawful the fraudulent taking of the property of another.

The indictment in this case contained multiple counts charging the fraudulent taking by appellant of a house, and the lumber of which it was constructed, which belonged to the city of Houston and which had come into his custody by virtue of his being an officer or employee of an officer of said city.

From those counts, the trial court submitted to the jury, by the following instruction, one offense as one transaction:

“Now, if you…