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: 302
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302 FLYNN V. THE STATE. [Term of
Statement of the case.
he was at the door of the theater in the City of Galveston.
There was quite a crowd there. He felt himself jostled several
times as he was trying to get out of the crowd. He felt a hand
in his pocket, and, turning immediately, " found the defendant,
" Thomas Flynn, with his hand on my (his) pocket-book."
Flynn had pulled it from the bottom of his (Walsh's) pocket,
but had not taken it entirely out of the pocket, '' it being half
"in, half out of my pocket," that is, one-half being in the
pocket, the other half in Flynn's hand. Witness asked Flynn
what he was doing. Flynn replied, " trying to get out of the
crowd." The pocket-book never left witness's person. He
did not " grab " the man-could have done so, but didn't think
The charge of the court in this case is given in full, as being,
in its pointed application to facts, in contrast with a practice
which this court has condemned, of charging in the language
of the Code. It is as follows:
"If the jury believe from the evidence that the defendant
"put his hand into the pocket of Nicholas Walsh, without his
"knowledge, and fraudulently took his Walsh's pocket-book,
"with the intent to appropriate it to the use and benefit of tre
"defendant, without the consent of Walsh, he is guilty of theft
" from the person, and you may assess the punishment at con"finement
in the penitentiary not less than two, nor more
"than seven years.
'If you believe the defendant had the pocket-book in his
"hand without the knowledge of Walsh, and but for the dis"
covery of Walsh would have carried it away, it makes no
" difference that he did not carry it away. You must be sat"isfied
by the evidence that defendant lhad it in his hand comn"pletely
before Walsh was aware of it, but it is not necessary
"that he should have gotten the pocket-book entirely out of the
"pocket of Walsh, if you believe he would have carried it
"away but for Walsh's discovery.
" The defendant is presumed to be innocent until his guilt is
"shown by the evidence to your satisfaction, and any reasona
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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., book, 1881; St. Louis, Mo.. (texashistory.unt.edu/ark:/67531/metapth28531/m1/310/: accessed January 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .