Langford v. State

Decided July 1, 1852

Texas Supreme Court · decided 1852-07-01

The appellant was indicted at the Fall Term, 1849, of the District Court, charged with having stolen a negro woman, the property of one John Carpenter, of the value of five hundred dollars. The jury returned a verdict of “guilty,” and assessed tlie punishment at imprisonment in the penitentiary for one year. The defendant moved in arrest of judgment, which motion tlie court overruled and gave judgment on the verdict. The defendant appealed.

Decided 1852-07-01

Wheeler, J.

¶1Tlie first objection to tlie judgment is not tenable. The rule is, that whore one person lias the general and another a special property ■in llie thing, the property may be averred in tlie indictment to be in either. (Whart. Am. Cr. L., 404.)

¶2But thc> remaining objection is fatal (o the judgment.

¶3The indictment appears to have been framed and the conviction had under tlie 27th section of the. act of 3848, (Hart. Dig., art. 523.) In order to support tlie conviction under that section it must have been proved that tlie property -stolen was of the value of twenty dollars, tíuch proof was not made. The *59■judgment must consequently be reversed and the case remanded for a new trial.

Note 23. — Billard v. The State, 30 T., 367; Moseley v. The State, 42 T., 78; Cox v. The State, 43 T., 101.

¶4Judgment reversed.