Case v. State

Citations

• 12 Tex. Ct. App. 228
• 1 Tex. L. R. 204

Syllabus

<p>1„ Theft.— By the statutory definition of theft the averment of the possession from which the property was taken is made a necessary-constituent in the descriptive allegations of the indictment; and the evidence must substantially correspond with the allegation in this respect.</p> <p>2. Same — Variance — Case Stated.—Appellant was convicted of theft of a gun from the possession of one G., who was alleged to be the owner. The proof was that the gun was not stolen from the possession of Gr., the owner, but from that of one P., with whom it had been left for safe-keeping- by one S., who had borrowed it from G., the owner. Held, that there was a material variance between the allegation and the proof, and the conviction is set aside.</p>