Revised penal code and code of criminal procedure; and penal laws passed by the 16th, 17th, 18th, 19th and 20th Legislatures of the state of Texas

This historic book may have numerous typos and missing text. Purchasers can usually download a free scanned copy of the original book (without typos) from the publisher. Not indexed. Not illustrated. 1893 edition. Excerpt: ...though it would not be in an indictment.:-so App. 519. On a trial for receiving, etc., stolen property. the state was properly allowed to read in evidence the indictment, judgment of conviction and sentence against the party from whom defendant received the property, for the theft of the same--the purpose of the evidence being limited by the charge. 29 App. 8. Upon the question of intent, and to develop the res gestoe, etc., the state was properly permitted to show the contemporaneous receiving by defendant of other stolen property than that charged in the indictment. 31 App. l. Note charge of the court in this case held correct. Id. Guilt_v knowledge.--To constitute the crime of receiving stolen properly, it is essential, under our statute, Penal Code, article 743, that the accused must have known, at the time he received it. that it was stolen; but such guilty knowledge will be implied if the circumstances were such as shi uld have been sufficient to satisfy a man of ordinary intelligence and caution that the property was stolen. 31 App. 210. Systematic crime.--On a trial for theft, when the prosecution proposes to show" systematic crime. subsequent as well as prior offenses tending to establish identity can he put in evidence. and the time of the collateral inculpalory facts is immaterial, provided they be close enough together to indicate that they are part of a system. (Henncssy v. State, 23 App. 340, followed.) 31 App. 205. TITLE 17. CH. 11. THEFT FROM THE PERSON. § 1312n. In theft from the person. as in general theft, the property must be taken without the consent of the owner, or, if the possession was lawfully obtained, it must have been obtained by the taker by some false pretext, or with the present intent to deprive...