Price v. State

Roberts, Chief Justice.

The defendant is charged with the theft of a bale of cotton from the train of the Houston and Texas Central Railroad Company, being the property of said company.

It was proved that defendant, being on the train at night, throw off a bale of cotton privately, he having got on the *216train to ride a small distance, and upon finding that the brakeman, who saw him do it, was going to report him to the conductor, he jumped from the train to escape arrest, and could not afterwards be found on the train.

It is objected, in defense, that the act of throwing off the bale of cotton…