Rose v. State

DAVIDSON, Presiding Judge.

This prosecution and conviction was for a misdemeanor theft, the punishment being assessed at $25 fine and two days in the county jail. The court gave the following charge: “You are further instructed the fraudulent taking in order to constitute theft, need not be the talcing from the actual possession of the owner, but if taken without his consent when not in his actual custody with the intent to deprive him of the value thereof and to appropriate it to the use and benefit of the person taking would constitute theft.”

This is an enunciation of a correct rule of law.…