Jinks v. State

Citations

• 5 Tex. Ct. App. 68

Syllabus

<p>1. Arrest of Judgment. — The objection that the indictment was not properly presented in open court by a quorum of the grand jury comes too late when made for the first time by motion in arrest of judgment. Had this objection, if tenable, been made at the proper time, before a waiver by plea of “ not guilty,” the indictment should have been quashed.</p> <p>2. Theft —Indictment. — It is a well-settled principle of law that when one person has the general and another a special property in the thing stolen, an indictment for theft of it may allege the property in either.</p> <p>3. Same —Special Ownership.—A person who, in conformity with the estray laws, has taken up and holds an estray, has a special property in the animal, and an indictment for theft of it may allege him to be the owner.</p> <p>4. Evidence. —It is well settled that the facts and circumstances attending the theft may be given in evidence, and that proof of the special ownership in the one holding the special property will sustain the averment that he is the owner.</p>