33 Tex. 789 | Tex. | 1871
The indictment in this case was for a theft from a house, and charged the defendant with stealing the property of Marie Leroux. On the trial it was proven that Marie Leroux was a married woman and the wife of -- Leroux, and that the property charged to have been stolen was the community property of Marie Lc roux and her husband. Under our laws the community property of the husband and wife is under the immediate control and management of the husband, and, excepting the homestead, is subject to sale by him only, and is therefore, during the marriage,
3?or the error here indicated the judgment of the district court is reversed; and as the evidence shows that no legal conviction can be had under the indictment the case is dismissed.
Reversed and dismissed.