Counts v. State

Citations

• 37 Tex. 593

Syllabus

<p>Theft, under our statute, includes all unlawful acquisition of personal property ; and therefore, on the trial of an indictment for the theft of a cow under the 1st Section of the act of November 12th, 1866, it was competent to find the defendant guilty under the 3d Section of the same act, for willfully driving an animal not his own, and without the consent of the owner, out of its accustomed range. This latter ofiense is not only an acquisition, but an appropriation of the property, not clearly distinguishable from theft. (Acts of 1866, p. 187.)</p>