Brady v. State

Citations

• 21 Tex. Ct. App. 659
• 1 S.W. 462
• 1886 Tex. Crim. App. LEXIS 204

Syllabus

<p>1. Former. Jeopardy—Discharge oe Jury.—It is only when the discretion conferred upon the trial court to “discharge the jury when they had been kept together such a length of time as to render- it altogether improbable they could agree,” has been abused to the prejudice^ of the accused, that this court will interfere. See the opinion for circumstances under which it is held that the trial court, upon a former trial of the case, did not abuse the discretion conferred upon it by the said article by discharging the jury after it had been out nearly two days, including Sunday.</p> <p>3. Embezzlement—Fact Case.—To constitute embezzlement under the code of this State, the conversion must be of money or other property of the principal or employer, and it must have come- into the possession of the agent or employe by virtue of his agency or employment. See the opinion for the substance of evidence held insufficient to support a conviction for embezzlement, in as much as it does not establish the necessary fact that the money converted was the property of the employer.</p>