Cruit v. State

Citations

• 41 Tex. 476

Syllabus

<p>1. Evidence op acts op several defendants in theft.—On trial upon an indictment against several defendants, evidence of the part performed by each may be introduced. It is not necessary to specify in the indictment the acts of each party which, taken together, constituted the theft.</p> <p>2. Possession in prosecution for theft.—The fact that the accused was seen walking along a road in the direction of his house, which was a short distance off, within twenty steps of a wagon in which was the stolen property, does not show that the property was in his possession or under his control, or that he aided in stealing it; and a verdict upon such evidence should be set aside.</p>