Price v. State

Citations

• 41 Tex. 215

Syllabus

<p>1. Theft.—A passenger on a railway train, when the train was in motion, threw from a car a bale of cotton belonging to another: Held, that a conviction of the passenger for theft of the cotton was proper, where the facts and circumstances connected with the act justified the conclusion that the accused threw it from the train with a %'iew of converting it to his own use.</p> <p>2. Indictment.—A conviction on a charge of theft from the train oí a railroad company will not he disturbed on account of the failure of the State to allege and prove the proper name of the company, when that defense was not made on the trial, and could only he ascertained on appeal by reference to the private act of the Legislature constituting the company.</p>