Mathews v. State

Citations

• 10 Tex. Ct. App. 279

Syllabus

<p>1. Robbery—Evidence.—Proof that the money of which the party injured was deprived was forty dollars and of the value of forty dollars, will not sustain a conviction under an indictment which described the money as “ forty dollars in current paper money of the United States, to wit: two ten dollar bills of the value of ten dollars each, and four five dollar bills of the value of five dollars each.”</p> <p>2. Verdict.—Evidence that the property appropriated was of the value of fifteen dollars wifi not support a verdict finding the defendant guilty of swindling to an amount exceeding twenty-five dollars, and therefore of felony.</p> <p>3. Practice.—The Code of Criminal Procedure provides that where a prosecution is for an offense consisting of different degrees, the jury may find the defendant not guilty of the higher degree (naming it), but guilty of any degree inferior to that charged in the indictment or information.</p> <p>4. Theft is among the offenses consisting of different degrees, and includes swindling, embezzlement, and all unlawful acquisitions of personal property punishable by the Penal Code.</p> <p>5. Proof.—In all cases where the verdict is for a minor degree of the offense charged in the indictment, the proof should meet the statutory definition of the minor degree.</p> <p>6. Swindling is defined to be the acquisition of personal or movable ■ property, money, or an instrument of writing conveying or securing a valuable right, by means of some false or deceitful pretense or device, or fraudulent representation, with intent to appropriate the same to the use of the party so acquiring, or of destroying or impairing the rights of the party justly entitled to the same.</p> <p>7. Same.— But in order to constitute the offense some false representation as to existing facts or past events must have been made. Mere false promises or false professions of intention, although acted upon, are not sufficient.</p> <p>8. Evidence.—See evidence held insufficient to s