Bowling v. State

Citations

• 13 Tex. Ct. App. 338
• 1883 Tex. Crim. App. LEXIS 2

Syllabus

<p>1. Practice—Venue—New Trial.—Proof of the venue of the offense is essential to the legality of a conviction. And where it appears that the absence of such proof was insisted upon below as a ground for new trial, the new trial will be granted here.</p> <p>2. Theet—Evidence.—Where one person owns the property, and another person has the control, care or management of it, the want of the consent of each of these persons must be proved; and this proof should be made by the persons themselves if they are attainable, and if they are not to be had, their absence should be accounted for before the State can resort to circumstantial evidence. See this case in illustration.</p>