Dow v. State

Citations

• 12 Tex. Ct. App. 343

Syllabus

<p>1. Theft — Intent.—Whilst it is true that in this State under an ordinary indictment for theft a conviction may be had on proof which shows that the taking, though with the owner’s consent, was obtained by false pretext or with intent to deprive the owner of the value-of the property and appropriate it to the use and benefit of -the taker, yet in such a case the proof must show affirmatively that * the taking was obtained by means of the false pretext or with the intent to deprive the owner of the value of the property and to’ appropriate the same to the taker’s own use. ■</p> <p>2. Same.— The intent being the gist of the offense, it must exist at the time of the taking. If the intent did not exist at the time of the talcing, no subsequent felonious intention will render the previous taking felonious.</p> <p>3. Evidence.—See evidence held insufficient to show felonious intent at the time possession was obtained.</p>