Willis v. State

Citations

• 24 Tex. Ct. App. 586
• 6 S.W. 857
• 1888 Tex. Crim. App. LEXIS 13

Syllabus

<p>1. Theft—Former Conviction.—It is well settled in this State that the stealing of different articles of property, belonging to different owners, at the same time and place, so that the transaction is the same, is but one offense, and the accused can not be convicted on separate indictments charging different parts of one transaction as in each a distinct offense. A conviction on one of the indictments bars a prosecution on the other.</p> <p>2. Same—Case Stated.—The proof on the trial showed that the defendants had been separately convicted for the theft of a cow, the property of one W. The animal involved in this prosecution was alleged to be the property of one C., and and w=>s found in the possession of the defendants at the same time and place and under the same circumstances as the W. cow. It showed, also, that when last seen, before being found in the defendants’ possession, the W. cow was on her range a mile and a half west of the town of A.; and that the 0. cow when last seen before she was found in the possession of the defendants, was on her range several miles southwest from the said town of A. Under this proof, the defendants pleaded in bar to this prosecution their former conviction for the theft of W.’s cow, alleging the taking ot the two cows to be but one transaction. The jury found against the truth of the special plea. Held, that the finding of the jury was supported by the proof, and was correct.</p> <p>8. Same—Practice—Jury Law.—The statutes of this State provide that the trial jury shall communicate with the court through the foreman. In this case the written inquiry to the court was signed by a.member of the jury other than the foreman, to which neither the judge nor the foreman of the jury objected. Held, that such proceeding was merely irregular, and in the absence of apparent injury to the accused was wholly immaterial.</p> <p>4 Same—Special Plea—Burden op Proop—Charge op the Court.— In response to an inquiry by the jury the trial judge in