Heineman v. State
Citations
- 22 Tex. Ct. App. 44
- 2 S.W. 619
- 1886 Tex. Crim. App. LEXIS 224
Syllabus
<p>Embezzlement—Indictment—Theft.—Under the statute of this State,, embezzlement is punishable as theft The minimum and maximum punishment for horse theft is respectively five and fifteen years. The minimum and maximum punishment for the theft of property of or exceeding the value of twenty dollars is respectively two and ten years. A count in an indictment which charges two distinct offenses is bad—burglary and theft being an exception to this rule. The indictment in this ease charged in a single count the embezzlement of a horse, and also a gun and pistol of the combined value of twenty dollars. Held, that the two kinds of theft charged constitute two separa*e offenses, and the indictment was bad for duplicity; wherefore the exceptions to the same were erroneously overruled.</p>
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- where a builder-owner lived in a house for almost four years prior to selling it, his purpose was to use the dwelling as a private residence, not for resale to the public
- “The cause of action is directed to structural defects that a builder-vendor has the opportunity to observe but fails to correct; defects that, through the construction process, become latent and not subject to discovery by inspection”
Source: CourtListener parenthetical corpus (CC0).
Judges: Willson
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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