Overton v. State

Citations

• 43 Tex. 616

Syllabus

<p>1. Theft by husband of wife’s separate property.—Unless there has been a distinct and definite separation, and the husband has expressly or by direct implication abandoned possession of the wife’s property and recognized her right to its exclusive possession while undivorced, the husband cannot he convicted of theft of the wife’s separate property.</p> <p>2. Same.—See facts held insufficient to support a verdict of theft by husband of wife’s property.</p> <p>3. Wife’s testimony against the husband.—It is error to admit the testimony of the wife against the husband upon trial for theft of her property.</p>