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. Page: 301

1875.] FLYNN v. THE STATE. 301
Statement of the case.
tion would be that the proper oath was administered. In this
case the record negatives such presumption. This has been
held by this court from the case of Arthur v. The State, 3
Texas, 403, to the present time ; so held in several cases during
the last Austin and Tyler terms.
Judgment reversed and cause remanded.
Reversed and remanded.
THOMAs FLYNN v. THE STATE.
THEFT FROM TrHE PERSON. When a pocket-book, in the pocket of its
owner, is seized by the hand of one without the knowledge or consent
of the owner, and drawn half way out the pocket, when the party seizing
it, on being detected, relinquishes his hold upon it, Held, on trial, for
theft from the person,
.1 That there was a sufficient taking away from the person.
2. That there was a sufficient possession of the pocket-book, if the
same was taken with felonious intent, to constitute the offense
of theft from the person, under Article 762 of the Code.
APPEAL from Galveston. Tried below before the Hon.
Gustave Cook.
Thomas Flynn was indicted, in the Criminal District Court
of Galveston county, for the crime of theft from the person of
Nicholas Walsh. The indictment was a joint one, charging
the appellant, one James Anderson, and one George Wheeler,
with the offense.
There was a severance, and appellant being tried, was convicted,
the jury assessing his punishment at five years in the
penitentiary. There was a motion for a new trial, which, on
hearing, was overruled by the court, whereupon defendant excepted,
and gave notice of appeal.
There was but one witness called and examined by the State,
to wit, Nicholas Walsh. The defendant called no witness.
Walsh testified that on the night of 20th November, 1874,