Johnson v. State

Citations

• 1 Tex. Ct. App. 118

Syllabus

<p>1. Theft—Charge of the Court.—See the opinion in this case for a clear and comprehensive indication of the instructions which should be given to juries in cases of theft. The district judge having, in the present case,, neither given to the jury the statutory definition of theft, nor explained to, them the elements or ingredients of the offense, the judgment is reversed and the cause remanded, though the deficiency of the charge in this respect was neither excepted to nor assigned as error.</p> <p>2. Same—Indictment.—The property stolen was merely described as “ one cow.” Held, that no further description was necessary; and that the court beldw did not err in permitting the state to prove, despite the objections of the accused, the color and description of the cow alleged to have been stolen.</p> <p>8. Same—Date.—Ordinarily it is sufficient to charge that the offense was committed “on or about” a certain date, provided the date was anterior to the filing of the indictment, and not so remote as to show that the offense was barred by limitation.</p>