169 Tex. Crim. 451 - Windham v. State’s Empirical Analysis

Citation profile

6 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 6 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““To constitute theft by false pretext it is necessary at the time of the taking that the person obtained the corporeal personal property by means of some false pretext and with the intent at the time of the taking to deprive the owner of the value thereof, and to appropriate it to the use or benefit of the person taking, and the offense of theft by false pretext, when such property is so taken and so appropriated, is complete, provided said wrongful intent to take and appropriate said property to the use or benefit of the person taking, and to deprive the owner of the value thereof, existed at the very time the property was taken, and appropriated and this is the case notwithstanding that the property so acquired with such wrongful intent may have been obtained with the consent of the person from whom it was taken.” (Emphasis Supplied)”

   1 later decision quote this exact passage
   e.g. Wagner v. State

2. “"The taking must be wrongful, so that if the property came into the possession of the person accused of theft by lawful means, the subsequent appropriation of it is not theft, but if the taking, though originally lawful, was obtained by any false pretext, or with any intent to deprive the owner of the value thereof, and appropriate the property to the use and benefit of the person taking, and the same is so appropriated, the offense of theft is complete. " (Emphasis supplied.)”

   1 later decision quote this exact passage
   e.g. Knapp v. State