Stokely v. State

Citations

• 24 Tex. Ct. App. 509
• 6 S.W. 538
• 1887 Tex. Crim. App. LEXIS 232

Syllabus

<p>Theft—Fact Case.—To constitute theft the taking of the property must have been wrongful, unless the possession of the property was obtained by some false pretext, or the taking was accompanied by the intent to deprive the owner of the value of the property. Conversion by the accused of property lawfully obtained is not sufficient to establish the fraudulent intent at the time of the taking. See the opinion in extenso for the substance of evidence held insufficient to support a conviction for horse theft.</p>