Case v. State
Court of Appeals of Texas
Appeal from the District Court of Bexar. Tried below before the Hon. G. H. Noonan. The material facts are clearly though concisely stated in the opinion of the court. A term of two years in the penitentiary was the punishment assessed against the appellant.
1Opinion of the CourtWillson, J.
The defendant was charged with the theft of a double-barreled shot-gun over the value of twenty dollars, the property of L. 0. Grothaus, and that he took the gun from the possession of the said Grothaus. The evidence was that the gun was not taken from the possession of Grothaus, but from the possession of one Louis Pope, in whose possession it had been left by one .Smith, who had borrowed it from Grothaus. The question here presented to us ls,—is there not a material and fatal variance between the allegation of possession and the evidence ? We think there is. In the case of Thomas v State, 1…
2Cases cited2 opinions
- Garcia v. StateTexas Supreme Court · 1862
- Gadson v. StateTexas Supreme Court · 1872