Trafton v. State

Citations

• 5 Tex. Ct. App. 480

Syllabus

<p>1. Thevt—Indictment for theft of property alleged to belong to a minor, charged that it was taken from the possession of “ Mrs. J. H., the natural guardian” of the minor. Held, a sufficient allegation of the possession.</p> <p>2. Ownership may be alleged either in one who has the general property, or in another who has a special property in the thing stolen.</p> <p>5. Payment for stolen property constitutes no atonement or defence; nor can it be treated as tantamount to such a voluntary return of the property aa will, under the provisions of the Penal Code, mitigate the penalty.</p> <p>4. Charge ot the Court.-—In a trial for theft of a “yearling,” the charge of the court designated the animal as “ the calf described in the indictment.” Held, an immaterial discrepancy, not calculated to mislead the jury, or otherwise to prejudice the accused.</p> <p>6. Evidence. — To establish the want of the owner’s consent to the taking of the property, the prosecution need not introduce the testimony of the owner. Circumstantial evidence may suffice.</p>