Long v. State
| Decision Date | 17 March 1897 |
| Parties | LONG v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Montague county; D. E. Barrett, Judge.
W. M. Long was convicted of theft, and appeals. Reversed.
W. S. Jameson and Harris, Etheridge & Knight, for appellant. Mann Trice, for the State.
Appellant was convicted of the theft of one mule, and his punishment assessed at five years in the penitentiary; hence this appeal.
The indictment fails to negative the consent of the alleged owner of the mule to the taking. This renders it fatally defective. In cases of theft, the statute requires that the alleged stolen property be obtained without the consent of the owner, or the person holding the same for the owner. Because of this defect in the indictment, the judgment is reversed and the prosecution ordered dismissed.
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...These are Martinez v. State, 494 S.W.2d 182 (Tex.Cr.App.1973); Moore v. State, 473 S.W.2d 523 (Tex.Cr.App.1971); and Long v. State, 39 S.W. 674 (Tex.Cr.App.1897). The fourth, Kitchen v. State, 124 Tex.Cr.R. 358, 62 S.W.2d 144 (Tex.Cr.App.1933), negated the consent of the corporate agent hav......
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