Stewart v. State

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• did not disavow venue-proof-failure acquittal by Court of Appeals, but reversed on misapplication of which venue statute applied
• “[T]he gravamen of theft is in depriving the true owner of the use, benefit, enjoyment or value of his property, without his consent.”
• “[T]he gravamen of theft is in depriving the true owner of the use, benefit, enjoyment or value of his property , without his consent.”
• the “crucial element of theft is the deprivation of property from the rightful owner, without the owner’s consent”
• the “crucial element of theft is the deprivation of property from the rightful owner, without the owner‟s consent”
• “Anyone who is in a position to take some action that deprives the owner of property is in a position to exercise control.”

Source: CourtListener parenthetical corpus (CC0).

Cited by

46 cases in this archive cite this case; the 20 most cited are listed.

• Byrd v. State
  Court of Criminal Appeals of Texas· 2011-03-30· cited 373×
• Hernandez v. State
  Court of Criminal Appeals of Texas· 2003-06-04· cited 179×
• Schmutz v. State
  Court of Criminal Appeals of Texas· 2014-01-29· cited 176×
• Jacobs v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2006-07-27· cited 62×
• Villani v. State
  Tex. App. Ct., 14th Dist. (Houston)· 2003-08-19· cited 52×
• King v. State
  Tex. App. Ct., 13th Dist.· 2005-11-10· cited 42×
• Thompson v. State
  Tex. App. Ct., 12th Dist. (Tyler)· 2007-12-12· cited 37×
• Tranum v. Broadway
  Tex. App. Ct., 10th Dist. (Waco)· 2008-07-02· cited 21×
• Alberto Alba Villarreal v. State
  Court of Appeals of Texas· 2016-10-20· cited 21×
• State v. Erica Lynn Fuller
  Tex. App. Ct., 6th Dist. (Texarkana)· 2015-11-20· cited 16×
• Lopez v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2010-05-13· cited 12×
• De La Fuente v. State
  Tex. App. Ct., 4th Dist. (San Antonio)· 2008-10-01· cited 10×
• Martinez v. State
  Tex. App. Ct., 13th Dist.· 2006-08-24· cited 10×
• Jones v. State
  Court of Appeals of Texas· 2009-03-12· cited 9×
• Tesoro Refining & Marketing Co. v. National Union Fire Insurance Co.
  W.D. Texas· 2015-04-07· cited 4×
• Stephen Bernard Jones v. State
  Tex. App. Ct., 2nd Dist. (Fort Worth)· 2009-02-05
• Christopher B. Wallace v. State
  Tex. App. Ct., 3rd Dist. (Austin)· 2003-01-16
• Ignacio Albert Marban v. State
  Tex. App. Ct., 9th Dist. (Beaumont)· 2009-08-26
• Jim Tranum v. David Broadway
  Tex. App. Ct., 10th Dist. (Waco)· 2008-07-02
• Dorian Shane Thomas v. State
  Tex. App. Ct., 11th Dist. (Eastland)· 2003-11-26

Cites

6 cases in this archive are cited by this case.

• Guzman v. State
  Court of Criminal Appeals of Texas· 1997-09-24· cited 6,556×
• McClain v. State
  Court of Criminal Appeals of Texas· 1985-04-03· cited 118×
• Gorman v. State
  Court of Criminal Appeals of Texas· 1982-06-23· cited 108×
• Jones v. State
  Court of Criminal Appeals of Texas· 1998-11-04· cited 33×
• Weaver v. State
  Tex. App. Ct., 1st Dist. (Houston)· 1986-10-30· cited 10×
• Stewart v. State
  Court of Appeals of Texas· 2000-01-26· cited 5×