Taylor v. State

Citations

• 7 Tex. Ct. App. 659

Syllabus

<p>1. Theft of the Taker’s own Property. — At common-law the taking of one’s own goods could not be larceny, unless they were taken from a bailee and the taking operated to charge the bailee with their value. Under the Code of this State, however, it seems immaterial whether or not the bailee would be so affected by the taking.</p> <p>2. Same—Evidence. —In a trial for theft of his own property, the defendant should be allowed to prove any and every fact which may legitimately tend to show his animus in the taking, and serve to disprove a fraudulent intent therein, — as, for instance, the discharge of a debt for which he had pledged the property as security.</p> <p>3. Same.—Declarations of the defendant made at the time of the taking of the property, and explanatory of his motive for taking it, were res gestee, and are evidence in his behalf.</p>