Walles v. State, 20345.

CourtCourt of Appeals of Texas. Court of Criminal Appeals of Texas
Citation126 S.W.2d 989
Docket NumberNo. 20345.,20345.
Decision Date05 April 1939

Appeal from District Court, Orange County; F. P. Adams, Judge.

Jake Walles, Jr., was convicted of the theft of property under the value of $50 under an indictment charging the theft of a house of the value of $100, and he appeals.

Reversed and remanded.

David E. O'Fiel, of Beaumont, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

GRAVES, Judge.

Appellant was charged by indictment with the theft of a house of the value of $100, and was by the jury found guilty of the theft of property under the value of $50, and sentenced to thirty days in jail.

The State's proof shows that L. C. Hollman and wife purchased a tract of 2.4 acres out of an 18.4 acre tract of land from Mr. McCall many years ago. That there were some houses on both the small and the large tract, some of the houses being of very little value. Mrs. Hollman testified that on the day in question when this offense was laid, that she went down to this 2.4 acre tract of land, which was located some miles from where she was living, and found the appellant and others tearing down a house on her land. That she prohibited their continuing to do so, though they did not desist. That the appellant told her that he had a bill of sale to this house; that he had bought it from Mr. Leroy McCall, although she says that he refused to show it to her upon the advice of his brother. The removal of this house took place in the daytime.

The appellant and two others testified that three days before the dismantling of this house they went to Leroy McCall and had a conversation with him relative to the purchase of a house on this tract of land. McCall seems to be rather vague as to whether he had any houses left thereon, but said that he would sell the appellant one, if it was located on his land, for $15. After some dickering appellant agreed to pay him $12.50 for such house on the 20th day of the month, on which date appellant appeared at McCall's office and paid the $12.50, and McCall executed a bill of sale, it being in part in the following language as descriptive of the house: "The remains of one small two-room dwelling house, which was built by LeRoy McCall in the year 1921 near the north line of Lot No. 5 of the Bradley Garner Survey in Orange County, Texas."

The appellant testified that he was nineteen years old; that he was married to Jewell Ousley in April 1937; that he obtained a lease for a lot about 40×100 feet right near his father-in-law's home, and also near his father's home. That he wanted to build a home there on that lot. That he bought an old house from Mr. Leroy McCall; that he talked to McCall, who said he had one out there, and he finally paid $12.50 for the house and went out to where the house was located, together with his brother, and in the daytime they tore the house down, and he hauled part of the old lumber himself and got some of...

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1 cases
  • Floyd v. State, 28388
    • United States
    • Court of Appeals of Texas. Court of Criminal Appeals of Texas
    • October 31, 1956
    ...there is no designation as to its quantity. In support of his first contention, reliance is had upon Walles v. State, 136 Tex.Cr.R. 509, 126 S.W.2d 989, 990. At first blush, it would appear that the Walles case supports the appellant. This Court reversed the conviction in the Walles case be......

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