19 Tex. 326 | Tex. | 1857
In order to constitute the offence of -detaining money, goods, &c., under false pretences,-it is essential that the owner should have intended to part with the right of property ; and it is this which distinguishes this offence from the crime of larceny, in cases of a constructive taking, where one, with a felonious intent to convert the goods to his own use, obtains possession of them by some trick or artifice, by which he acquires the possession only, but which has not the effect of transferring any right of property in the goods, from the owner to the party thus obtaining the possession. If there is clearly no change of property, nor of legal possession, but the legal
Judgment affirmed.
It would seem that the indictment would be a good indictment for theft, under the Penal Code. (See Art. 745.)