Billard v. State
Texas Supreme Court
Appeal from Johnson. The case was tried before Hon. John J. Good, one of the district judges. The appellant was indicted for stealing a Mexican blanket from the possession of William Manley, who was holding it for William Ramsey, the owner thereof.
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Appeal from Johnson. The case was tried before Hon. John J. Good, one of the district judges. The appellant was indicted for stealing a Mexican blanket from the possession of William Manley, who was holding it for William Ramsey, the owner thereof. As the charge of the court defined theft in the language of the statute, and as to the evidence it was substantially correct, though quite as strong against the prisoner as an impartial administration of the law would allow, the case was treated by the court as a fact case. The place where the unfortunate occurrence took place is a fact which of…
1Opinion of the CourtDonley, J.
It is sufficient to allege the property to be in the owner, without any allegation as to the actual possession. “ The rule is, that where one person has the general and another a special property in the thing, the property may be averred in the indictment to be in either.” (Longford v. The State, 8 Tex., 116; Whart. Amer. Crim. Law, 567.)
The ownership was sufficiently alleged without averring that the property was in the actual possession of W. G. Manley, who, it is alleged, was holding the same for the use of William Bamsey, the owner. It is not perceived how this can vitiate the indictment,…
2Cases cited1 opinion
- Hiler v. StateIndiana Supreme Court · 1838
3Cited by8 opinions
- Wilson v. StateSupreme Court of Arkansas · 1910
- Loza v. StateCourt of Appeals of Texas · 1877
- Long v. StateCourt of Appeals of Texas · 1876
- Ethington v. StateTexas Supreme Court · 1872
- Gaines v. StateCourt of Appeals of Texas · 1878
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