Tarrango v. State
Decision Date | 14 January 1903 |
Citation | 71 S.W. 597 |
Parties | TARRANGO v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from district court, El Paso county; A. M. Walthall, Judge.
Silvester Tarrango was convicted of theft from the person, and appeals. Reversed.
Robt. A. John, Asst. Atty. Gen., for the State.
Appellant was convicted of theft from the person, and his punishment assessed at confinement in the penitentiary for a term of seven years.
The only question necessary to be reviewed is the sufficiency of the evidence. Prosecuting witness testified: That he was standing in front of the Wigwam saloon in El Paso, listening to the Salvation Army girls singing. A large crowd was present. That he was standing with his back towards the saloon, and facing the Salvation Army people, who were in the street. In order to constitute theft from the person, the evidence must show that the property or money has come into the possession of the accused. The bare touching of the money would not constitute such possession as the law requires. The facts of this case are much like those in Rodriquez v. State (just decided) 71 S. W. 596, and for a collation of the authorities see that opinion.
Because the evidence is not sufficient to support the verdict, the judgment is reversed, and the cause remanded.
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State v. Peschon, 9599
...he did not 'take' it. State v. Johnson, 78 Kan. 866, 96 P. 216. The mere touching of an article is not a 'taking'. Tarrango v. State, 44 Tex.Cr. 385, 71 S.W. 597. Compare State v. Foster, 26 Mont. 71, 66 P. 565; State v. Whorton, 25 Mont. 11, 63 P. 627; State v. McCarthy, In order to consti......
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Jarrott v. State
...there was no severance at any time. This point is discussed in Rodriquez v. State (Tex. Cr. App.) 71 S. W. 596; Tarrango v. State, 44 Tex. Cr. R. 385, 71 S. W. 597; Harris v. State, 29 Tex. App. 101, 14 S. W. 390, 25 Am. St. Rep. 717. We do not regard the doctrine of these cases as applicab......
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Senter v. State, 40142
...Clark v. State, 59 Tex.Cr.R. 246, 128 S.W. 131, 29 L.R.A., N.S., 323; Herr v. State, 52 Tex.Cr.R. 53, 105 S.W. 190; Tarrango v. State, 44 Tex.Cr.R. 385, 71 S.W. 597; and Rodriquez v. State, Tex.Cr.App., 71 S.W. Rosenbush, supra, is clearly distinguishable upon its facts from the case at bar......
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Bryant v. State
...In support of the text the following authorities are cited: Rodriquez v. State (Tex. Cr. App.) 71 S. W. 596; Tarrango v. State, 44 Tex. Cr. R. 385, 71 S. W. 597; Herr v. State, 52 Tex. Cr. R. 53, 105 S. W. 190; Walters v. State, 56 Tex. Cr. R. 10, 118 S. W. 543; Clark v. State, 59 Tex. Cr. ......