Bennett v. State

Decided November 15, 1884

Court of Appeals of Texas · decided 1884-11-15

Tried below before the Hon. B. W. Rimes. The indictment charged the appellant with the theft of a watch of the value of $100, the property of W. A. J. Hicholson, in Falls county, Texas, on tho 21st day of May, 1884. A verdict of conviction assessed the punishment at confinement in the penitentiary for a term of two years. Captain W. A. J. Hicholson was the first witness for the State. He testified that he was the proprietor of a saloon in Marlin, Falls county, Texas.

Decided 1884-11-15

Huet, J.udse.

¶1This is a conviction for the theft of a watch, the property of W. A. J. Micholson; two years’ confinement in the penitentiary being the punishment assessed by the jury.

¶2There is but one question for our decision presented in the record, which is, does the evidence show a voluntary return of the watch within a reasonable time, and before any prosecution was commenced? We are of the opinion that it does, and, consequently, the verdict is against the evidence and the charge of the court relating to this matter of return. (2 Bouvier’s Law Dictionary, 635, word “Voluntary ;” 1 Bouvier’s Law Dictionary, 282, word “ Constraint; Allen v. The State, 12 Texas Ct. App., 190.) (The reporter will insert the evidence.)

¶3The judgment is reversed and the cause remanded.

¶4Reversed and remanded.

¶5[Opinion delivered November 15, 1884.]