Gentry v. State

Citations

• 25 Tex. Ct. App. 614
• 8 S.W. 925
• 1888 Tex. Crim. App. LEXIS 116

Syllabus

<p>1. Theft—Evidence—Charge of the Court.—It is competent for the-State, on a trial for theft, to prove the contemporaneous theft by the accused of other property than that alleged in the indictment, but it then becomes the duty of the trial court to instruct the jury as to the purpose of such evidence. Omission to so instruct is not, however, fundamental error, nor is it material error, in the absence of exception or requested instructions, unless the defendant’s rights may have been, prejudiced thereby.</p> <p>2. Same—Fact Case.—See the statement of the facts in this case and in Gentry’s case, 24 Texas Court of Appeals, 478, for evidence held sufficient to support a conviction for horse theft.</p>