Legal Opinion

Dukes v. State

Court of Appeals of Texas

Decided November 10, 1886No. 2386PublishedCited by 2 opinions

Appeal from District Court of Hunt. Tried below before the Hon% J. A. B. Putman. The conviction in this case was for the theft of eight dollars from the person of John Schell, in Hunt county, Texas, on the twelfth day of June, 1886. A term of two years in the penitentiary was the punishment assessed by the verdict. The disposition of the appeal does not call for a statement of the facts proved.

1Opinion of the Court

Willson, Judge.

In theft from the person, as in other thefts, the offense is complete when the property has gone into the possession of the thief. It is not essential to the completion of the offense that the property be carried away by the thief. (Penal Code, Art. 763; Flynn v. The State, 42 Texas, 301.) A taking of the property includes a carrying away thereof within the meaning of the Statute. If the property was taken so suddenly as not to allow time to make resistance, it was also carried away so suddenly as not to allow time to make resistance. Such we hold to be the meaning and intent…

2Cases cited2 opinions

  1. Merwin v. PeopleMichigan Supreme Court · 1873
  2. Flynn v. StateTexas Supreme Court · 1874

3Cited by2 opinions

  1. Hammond and Thomason v. StateCourt of Criminal Appeals of Texas · 1931
  2. Sullivan v. StateSupreme Court of Florida · 1902

Showing a preview — retrieve the full document via the Exa API.

Powered by the Exa API