Radford v. State

Citations

• 35 Tex. 15

Syllabus

<p>1. In a trial for theft of a box of tobacco, the court below admitted, aa evidence of the ownership alleged in the indictment, a bill of lading, with which the defendant had no connection, and the authenticity of which was not otherwise sustained than by the opinion of a witness. Held, error.</p> <p>3. Indictment for theft alleged that the property was taken from the possession of the Galveston agent of a New York steamship company; but the evidence proved that it was taken from the vessel, and had never passed into the possession of the agent. Held, that this was a fatal variance between the allegation and the proof.</p> <p>3. A conviction for theft cannot be sustained when there was no proof of the value of the property stolen.</p>