Varas v. State

Citations

• 41 Tex. 527

Syllabus

<p>1. Intention, proof oe, in prosecutions for theft.—Where the accused claimed the property alleged to have been stolen, and there is any evidence tending to show that his claim might have been honestly made, it is his right to have the jury charged “that if his intention was not criminal or fraudulent, he is not guilty of theft.”</p> <p>2. Taking under mistake.—111 cases where the talcing may have been done under an honest mistake, it is proper to give the defendant the benefit of a special instruction, submitting to the jury that they must be satisfied that the talcing was not under such mistake before they convict.</p>