Texas Supreme Court July 1, 1872 (Gadson v. State)

Ogden, J.

The indictment in this case is fatally defective, in not properly charging the crime of theft, which it attempted to do. To constitute theft, the property alleged to have been stolen must have been fraudulently,taken from the possession of the owner, or from the possession of some person holding the same for the owner. (Paschal’s Digest, 2381.