· 7/1/1872

Gadson v. State

Citations

  • 36 Tex. 350

Syllabus

<p>1. In an indictment for theft it is necessary to charge that the property stolen was taken from the possession of the owner, or from that of some person holding the same for the owner.</p> <p>2. An indictment for theft charged the stealing of a pistol from a house, without stating from whose possession the pistol was taken. Held to he fatally defeotive and insufficient to support any judgment, and therefore the court below erred in not sustaining defendant’s motion in arrest of judgment.</p>

Judges: Ogden

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