Wolf v. State

Citations

• 14 Tex. Ct. App. 210
• 1883 Tex. Crim. App. LEXIS 159

Syllabus

<p>1. Theet—Intent.—To constitute theft the taking must be an actual and and intended fraud upon the rights of another; it must include the purpose and intent to defraud; it must be an intentional taking without the consent of the owner, an intentional fraud, and an intentional appropriation.</p> <p>8. Same.—The trial court sitting in a theft ease without the intervention of a jury found its conclusions of fact as follows: “ This cause was submitted to the court, and from the evidence the court found that defendant took the corn in question to pay himself for what he considered the prosecuting witness owed him, without his consent and in his absence.” Held, insufficient to show a fraudulent intent, and hence insufficient to support a conviction for theft.</p>