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: 303
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1875.] FLYNN V. THE STATE. 303
Opinion of the Court.
"ble doubt of his guilt entitles him to an acquittal. If you do
"not believe that the defendant had the pocket-book in his
"hand without the knowledge of Walsh, taken with the intent
"to carry it away, without the consent of Walsh, and appropriating
it to his own use, then you should acquit.
"If the defendant had the pocket-book in his hand before
."Walsh was aware of it, the subsequent discovery of the fact
"by Walsh, and the consequent relinquishment of his hold of
"it by defendant, would make no difference, and the defendant
"could nevertheless be guilty, but unless you so believe you
" should acquit."
Leslie Thompson, for appellant, argued that to convict there
must have been a complete severance of the property from the
person, and cited a case strongly in point, viz., Rex v. Thompson,
1 Moody C. C., p. 78.
Frank M1. Spencer, for the State, contended that the property
had been sufficiently in the possession of Flynn to constitute
the offense, and that no complete asportation need be
shown, he cited Prim v. The State, 32 Texas, 157.
DEVINE, J. The appellant, with James Anderson, and
George Wheeler, was jointly indicted for theft from the person
of Nicholas Walsh. The charge was dismissed as to Anderson,
the defendant Flynn alone being tried. The jury found
him guilty and assessed his punishment at five years in the penitentiary.
The errors assigned are, that the charge of the court was contrary
to law, and that it misled the jury; that the court erred
in refusing the charge asked by defendant; that the verdict of
the jury was not warranted by the evidence, and that the court
erred in overruling the motion for a new trial.
The charge of the court was clear, concise, and embraced the
law applicable to the case; it directed the mind of the jury to
the law, which had reference only to the facts in evidence; it
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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/m1/311/: accessed January 21, 2018), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .