Maddox v. State

Citations

• 41 Tex. 205

Syllabus

<p>1. Theft—Evidence.—On a trial for theft, upon an indictment in the usual form (Pas. Dig., art. 2381,) evidence may be introduced and a conviction had upon facts constituting theft, under art. 2385, Pas. Dig., of a taking originally lawful, but obtained on a false pretext, or with intent to deprive the owner of the value of the property taken, and to appropriate the property to the use of the person taking. Such facts are matters of evidence, and not a different offense.</p> <p>2, Res gest.*—Declarations of accused—In trials for theft, where the facts show a lawful taking of possession, (Pas. Dig., art. 2385,) it is proper to admit, as part of the res gestos, the statement of tire accused, as to his intention, made at the time of his obtaining the property.</p> <p>8. Confessions made while under arrest.—Such confession's, made by the accused after being cautioned that his statements might be used against him, voluntarily made to the person who cautioned him, and on the same day, are admissible.</p>