Merriweather v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. George H. Noonan. After instructing the jury that “all property acquired during marriage is community property; and all community property is subject to the control of the husband so long as the marital relation subsists,” the court below charged them further, as follows: “ If, however, you believe from the testimony that Marie Leroux had control and exclusive possession of the articles described in the indictment; that she…
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Appeal from Bexar. Tried below before the Hon. George H. Noonan. After instructing the jury that “all property acquired during marriage is community property; and all community property is subject to the control of the husband so long as the marital relation subsists,” the court below charged them further, as follows: “ If, however, you believe from the testimony that Marie Leroux had control and exclusive possession of the articles described in the indictment; that she owned and claimed them in her own right exclusively, and that said ownership was acquiesced in by her husband, then you will…
1Opinion of the CourtOgden, J.
The indictment in this case was for a theft from a house, and charged the defendant with stealing the property of Marie Leroux. On the trial it was proven that Marie Leroux was a married woman and the wife of -- Leroux, and that the property charged to have been stolen was the community property of Marie Lc roux and her husband. Under our laws the community property of the husband and wife is under the immediate control and management of the husband, and, excepting the homestead, is subject to sale by him only, and is therefore, during the marriage, *791his to all intents and purposes. An…
2Cited by4 opinions
- Clark v. StateNebraska Supreme Court · 1918
- Williams v. StateCourt of Criminal Appeals of Texas · 1969
- Haley v. StateCourt of Criminal Appeals of Texas · 1946
- Hall & Ruckel v. Johnston, Hill & Co.Court of Appeals of Texas · 1894