Witte v. State

Citations

• 21 Tex. Ct. App. 88
• 17 S.W. 723
• 1886 Tex. Crim. App. LEXIS 98

Syllabus

<p>Theet of Filed Papers—Indictment.—Article 741 of the Penal Code provides that, “if any person shall take and carry away any record book or filed paper from any clerk’s office, public office, or other place where the same may be lawfully deposited, or from the lawful possession of any person whatsoever, with intent to destroy, suppress, alter or conceal, or in any wise dispose of the same, so as to prevent the lawful use of such record book or filed paper, he shall be deemed guilty of theft and punished by imprisonment in the penitentiary not less than three nor more than seven years.’’ See the opinion and the statement of the ease for evidence under which, in order to support a conviction for the theft of a deed to land, the indictment should have alleged the particular lawful use of the paper sought to be prevented by the accused by stealing it. See the opinion on the whole question.</p>