Isaacs v. State

The defendant was tried and convicted upon an indictment of theft of a plug of tobacco, the property of A. S. Kirk.

The proof showed that the defendant took the tobacco openly, without any attempt at concealment, and in the presence of another, and that the tobacco was not the property of Kirk. He was only bailee.

*451Whether this be theft or mere trespass, was a question of fact for the jury to determine, under all the circumstances. It is not every wrongful taking that amounts to theft. One of the most material considerations respecting the “ taking,” to constitute theft, is, whether the act was…