Dignowitty v. State
Texas Supreme Court
Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Indictment for larceny of a certain instrument of writing, containing evidence of an existing contract (for the conveyance of real estate, to-wit: a town lot in the city of San Antonio in the county aforesaid) of the value of one hundred and fifty dollars, of the property of Matilda Francis, &e. Plea, not guilty.
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Appeal from Bexar. Tried below before the Hon. Thomas J. Devine. Indictment for larceny of a certain instrument of writing, containing evidence of an existing contract (for the conveyance of real estate, to-wit: a town lot in the city of San Antonio in the county aforesaid) of the value of one hundred and fifty dollars, of the property of Matilda Francis, &e. Plea, not guilty. Evidence as follows : Matilda Francis, a witness for the State, testified as follows : In August, 1853, my husband, William Francis, and myself bought two town lots, from Anthony M. Dignowitty, in the city of San…
1Opinion of the CourtWheeler, J.
The two grounds mainly relied on for reversing the judgment are, 1st. The charge of the Court; 2nd? The overruling the motion in arrest of judgment.
Simple larceny is defined to be “ the felonious taking and carrying away, of the personal goods of another.” (4 Bl. Com. 239.) The felonious quality consists in the intention of the prisoner to defraud the owner, and to apply the thing stolen to his own use. (Id. 232 n. (8) Am. from 18th London ed.; Arch. Cr. Pr. and Pl. 362 n. (1) 6 edit, by Waterman.) If, therefore, the intention of the accused was, as stated in the charge, to benefit himself,…
2Cases cited1 opinion
- People v. CallCourt for the Trial of Impeachments and Correction of Errors · 1845
3Cited by36 opinions
- People v. GreenCalifornia Supreme Court · 1980
- People v. Sing YowCalifornia Supreme Court · 1904
- Farrington v. StateCourt of Criminal Appeals of Texas · 1972
- Zweig v. StateCourt of Criminal Appeals of Texas · 1913
- People v. TomlinsonCalifornia Supreme Court · 1894
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