Dukes v. State

Citations

• 22 Tex. Ct. App. 192
• 2 S.W. 590
• 1886 Tex. Crim. App. LEXIS 243

Syllabus

<p>1. Practice—Asportation—In Theft Prom The Person, as in ordinary theft, the taking of the property includes the carrying away of the same, and if the property was taken too suddenly to allow time for resistance, it was also carried away too suddenly to allow time for resistance. In other words, asportation is no more necessary to constitute theft from the person than it is to constitute ordinary theft.</p> <p>2. Same—Indictment for theft from the person which describes the property taken as “eight dollars, the same being the corporeal personal property of John Schell,” and which does not allege the kind of dollars nor that they were money, is not sufficient to charge the offense.</p>