Wilson v. State

Citations

• 12 Tex. Ct. App. 481

Syllabus

<p>1. Appeal—Practice.—• The proper time for a defendant to give notice of appeal to this court is when the lower court has overruled his motion for a new trial. Notice was given in this case after judgment had been entered and a new trial had been refused, and not from an interlocutory order overruling motion for new trial, and the attorney general’s motion to dismiss the appeal is therefore overruled.</p> <p>2. Theft—Ownership.—Where one person owns the property, and another person has the possession, charge or control of the same, the ownership thereof may be alleged to be in either.</p> <p>3. Same.—It is not necessary, in order to constitute theft, that the possession and ownership of the property be in the same person at the time of the taking. Possession of the person unlawfully deprived of property is constituted by the exercise of actual control, care or management of the property, whether the same be lawful or not, and proof of either a general or special property in the alleged owner will be sufficient. See the opinion for evidence held sufficient as proof of ownership.</p> <p>4. Same—Evidence.—The want of the owner’s consent to the taking of the property must, in a trial for theft, be proved like any other element of the offense, and cannot be presumed or inferred. It may be proved by circumstantial evidence, but still, it must be proved.</p> <p>6. Same.—Where one owns the property and another has the possession, management, control or care of it, the want of the consent of both to the taking must be proved. And this proof should be made by • the persons themselves if attainable, and if they are not, their-absence should be accounted for before the State can be allowed to resort to circumstantial evidence.</p> <p>6. Concealing Stolen Property.—Before a defendant can be com . victed of receiving stolen property, it must satisfactorily appear beyond a reasonable doubt: 1, that the property was acquired by theft, and 2, that, knowing it to have been so acqui