State v. Sherlock

Decided July 1, 1861

Texas Supreme Court · decided 1861-07-01

Tried below before the Hon. E. F. Buckner. The indictment charged that “ Thomas Sherlock, late of said county, on the 7th day of October, 1860, in the county aforesaid, did unlawfully and feloniously steal, take, and carry away one blue woolen coat of the value of six dollars, and one pair of pantaloons of the value of four dollars, both of said articles being the property of Samuel Davis, contrary to the statute,” &c. The defendant moved to quash the indictment and assigned…

Decided 1861-07-01

Bell, J.

¶1The exception to the indictment was properly sustained by the court below. The indictment did not charge that the goods were taken with the intent to deprive the owner of the value of the same, and to appropriate them to the use of the person taking them.

¶2The intent to deprive the owner of the goods taken of the value of them, and to appropriate "them to. the use or benefit of the person who takes them, is an essential ingredient in the crime of theft, and ought to be charged in the indictment.

¶3The judgment of the court below is affirmed.

¶4Judgment affirmed.