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: 305
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1875.] BILLS V. THE STATE. 305
Statement of the case.
The object of the framers of the Code in prescribing the
same punishment for theft from the person and theft from a
house, was evidently to give to the property on the person the
same degree of protection as is given to property in a house;
in the last case it is not necessary to show a removal of the
property charged to have been taken from the house, the
reason of the rule is quite as strong when applied to property
on the person, and the Code has removed doubt on this subject
by declaring the offense complete when the property charged
to have been stolen is taken into the possession of the person
charged with the theft. That the offense is complete when
the property is taken into possession was so held in a case decided
during the late session at Tyler, where a party attempted
to steal money during the night from the clothing of a coinpanion
with whom lie was traveling.
The evidence sustains the verdict, and there was no error in
overruling the motion for a new trial.
SAM BILLS V. THE STATE.
INOPERATE STATUTE. The act of May 28, 1864, 2400 Paschal's Digest,
being passed to meet a condition of things public and private which no
longer exist, is inoperative, and as it embraced more than one object,
APPEAL from Lamar. Tried below before the Hon. John
The errors committed in this cause by the county attorney
and magistrate are noticed in the Opinion. The appeal to the
* This act was passed to protect the citizen's property from arbitrary impressment
during tle Confederate struggle, and illustrated the determination
of the political department of the State to subordinate the military to
the civil power, during the darkest period of the war.
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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/m1/313/: accessed June 22, 2017), University of North Texas Libraries, The Portal to Texas History, texashistory.unt.edu; .