Musquez v. State

Citations

• 41 Tex. 226

Syllabus

<p>1. Indictment tor theft.—An indictment for theft, charging that the defendant “did feloniously steal,” sufficiently alleges that the taking was 11 fraudulent ” to support a conviction.</p> <p>2. Misnomeb.—A mistake in the Christian name of defendant, where the name' is correctly given at first, does not vitiate an indictment.</p> <p>.3. Evidence of taking in theft.—An indictment for theft of oxen is sustained by proof of the fraudulent killing of the oxen and selling their hides.</p> <p>'4. .Aspobtation.—The statutory definition of theft omits the words “carried away,” and in doing so dispenses with the necessity of proof of asportation, as was required at common law.</p>