78S MOSELEY v. TIER STATE. [Tyler Term,
Opinion of the court.
GUS MosELEY v. THE STATE.
THEFT-INDIlCTMENT--In an indictment for theft, the stolen property
may be alleged in the indictment to belong to one who had but a
special property in it at the time it was stolen.
APPEAL from Rusk. Tried below before the Hon. M.
George Clark, Attorney General, for the State.
ROBERTS, CHIEF JUSTICE.-It was proved that Henry
Garrison had in his possession and in his house a double
barrel shot gun, of the value of twenty dollars or over,
which he had borrowed from Columbus'Smith, to whom it
belonged; that he, Garrison, had thus had the gun borrowed
and in his possession for about twelve months, andil
that defendant had stolen the gun from him out of his
house whilst it was thus in his possession.
The indictment charged the defendant with the theft of
the gun, " the property of one Henry Garrison."
The only point in the case is whether or not the proof
supported the charge in the indictment as to the owner
ship of the property stolen.
The court, after giving the usual charge in such a cas
of theft, also charged the jury that "if the evidence satis.
fies you that the gun belonged to Columbus Smith, and h
had loaned it to said Henry Garrison for the year, and i
was fraudulently taken and stolen from the possession of
Henry Garrison by the defendant, as above charged, yofi
will consider the said gun the property of said Henry Garrison
at the time it was stolen."
The defendant's counsel asked the court to charge thb
jury that "if the proof satisfied them that the gun alleged
to have been stolen was not the property of Henry Garrison,
the party alleged to be the owner of the gun, you
Texas. Supreme Court.. Cases argued and decided in the Supreme Court of Texas, during the latter part of the Tyler term, 1874, and the first part of the Galveston term, 1875. Volume 42.. St. Louis, Mo.. The Portal to Texas History. http://texashistory.unt.edu/ark:/67531/metapth28531/. Accessed May 25, 2013.