Mack v. State, 43695
Citation | 465 S.W.2d 941 |
Decision Date | 20 April 1971 |
Docket Number | No. 43695,43695 |
Parties | Thaddeus MACK, Appellant, v. The STATE of Texas, Appellee. |
Court | Court of Appeals of Texas. Court of Criminal Appeals of Texas |
Thomas N. Thurlow, Houston, for appellant.
Carol S. Vance, Dist. Atty., James C. Brough and Gene Miles, Houston, and Jim D. Vollers, State's Atty., Austin, for the State.
This is an appeal from a conviction for theft from person with the punishment being assessed by the jury at 2 years' confinement in the Texas Department of Corrections.
The sole question presented on appeal is the sufficiency of the evidence to support the conviction, it being appellant's contention that the theft of the purse was from a grocery shopping cart and not from the person of the complaining witness.
Eugene Edwards, an off-duty Houston Police Officer, was working as a security officer at the Weingarten's Store at 4100 Almeda in the city of Houston on Sunday, October 26, 1969. In the store that afternoon he overheard the appellant Mack tell Charles Selma Lewis, 'I will go up on this side of her, and you walk around to the other side and get it.' He then observed the appellant Mack engage Mrs. Swan, the complaining witness, in a conversation, and saw Lewis jerk the purse and run up the aisle while Mrs. Swan screamed. The store's exits were blocked. First, the appellant and then Lewis were arrested, but a search of the store failed to result in a recovery of the purse.
Mrs. Anna Lee Swan testified that while she was shopping on the date in question in Weingarten's the appellant approached her, inquired about olives and that suddenly she noticed her purse was gone and she screamed. As to the position of the purse in relation to her person the record reflects the following on cross-examination:
Upon presentation of a motion for an instructed verdict, the court stated:
Testifying in his own behalf appellant related he had gone to the store with Lewis, his cousin, to whom he had loaned $30.00 to buy groceries; that after separating inside the store he encountered a man whom he knew by sight but not by name who stated to him, 'Hey, man, I can beat this broad if you block for me,' and that he replied, without looking 'at the lady,' 'Well, no man, that is not my game.' Appellant then testified he subsequently encountered Mrs. Swan and inquired about the difference between certain type of olives, that she became very talkative, and then suddenly screamed her purse was gone. He related that ...
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People v. Smith, No. 02CA1515.
...shopping cart while the victim was unaware, but had a hand on the cart; defendant convicted of theft from the person); Mack v. State, 465 S.W.2d 941 (Tex.Crim.App.1971) (conviction of theft from person upheld where defendant took purse from shopping cart which victim was pushing); cf. State......
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People v. Shields, E039693 (Cal. App. 5/18/2007)
...from the person." The special instruction was based on In re George B. (1991) 228 Cal.App.3d 1088 (George B.) and Mack v. State (Tex.Cr.App. 1971) 465 S.W.2d 941 (Mack).) In both George B. and Mack, the courts found that property was taken from the person of another because, at the time of ......
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Farrell v. State
...person or from his grasp or immediate possession. Earls v. State, 707 S.W.2d 82, 85 (Tex.Crim.App.1986); see, e.g., Mack v. State, 465 S.W.2d 941, 942 (Tex.Crim.App.1971); Alfred v. State, 659 S.W.2d 97, 98 (Tex.App.--Houston [14th Dist.] 1983, no pet.) (theft of purse from shopping cart wa......
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State v. Jones
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