Morgan v. State

Citations

• 34 Tex. 677

Syllabus

<p>1. An Indictment for theft from a house alleged that the accused, “ eight dollars in guld coin of the United States, the property of R- P., then and there being in the possession of J. YY-, without the consent of the said R. P., and without the consent of the said J. W.,and from a house belonging to the said R. P., with intent to deprive the owner of the value of the same and to appropriate the same to his, the accused’s, own use, feloniously and fraudulently did take, steal and carry away, contrary, etc. He'd, that though this language be circuitous, yet it sufficiently charges the offense.</p> <p>2. Though a defendant has been acquitted on an indictment for the theft of money alleged to belong to or to have been taken from the possession of one person, he may lawfully be indicted, tried and convicted on a different indictment for the theft of the same money as the property, oras taken from the possession of a different person. In such a case, though both indictments are founded on one and the same physical act, yet their legal effect is different, and in a legal sense they charge distinct offenses, wherefore neither the Bill of Rights nor the plea of former acquittal rill avail the defendant in bar of the second indictment. (Swindel v. The State, 32 Texas, 102, cited by the court.)</p>