Bell v. State

Citations

• 7 Tex. Ct. App. 25

Syllabus

<p>1. Theft.—The Code of this State provides that, “if the person accused of theft be part owner of the property, the taking does not come within the definition of theft, unless the person from whom it was taken be wholly entitled to the possession at the time.” Held, applicable to a renter or cropper op shares, whose contract with his landlord did not entitle the latter to the exclusive possession of the crop, and who, without the landlord’s consent, took part of the crop before it was divided.</p> <p>2. Case Stated. —By contract between the appellant and one T., the forme. became a cropper on the latter’s land, and each was to be entitled to one half of the crop when gathered. The crop was bound to T. for any advances made by him to the appellant. Before the crop was gathered or divided, the appellant, in the absence of T., pulled and sold a bushel of the corn. Held, that the taking was not theft.</p>