Neely v. State

Citations

• 8 Tex. Ct. App. 64

Syllabus

<p>1. Theft — Charge of the Court.—If, in a trial for theft, the defence is that the taking was not with a fraudulent intent, but done under a bond, fide claim of ownership or right, the merits of the defence are 'not contingent upon the care or prudence exercised by the accused to ascertain the ownership of the property. A charge was erroneous, therefore, which in effect instructed for conviction if the accused took the property of another under the honest belief that it was his own, but without exercising ordinary care or prudence to identify it as such.</p> <p>2. Mistake oe Pact.—Arts. 45 and 46 of the Eevised Penal Code define the character of mistake available as an excuse .for acts otherwise criminal, but have no application to acts which are criminal only when done with • a felonious or fraudulent intent.</p>