Cody v. State
Texas Court of Criminal Appeals
20 S.W. 398 (1892)

- Written by Kelli Lanski, JD
Facts
Cody (defendant) worked for a butcher called Nausbaum & Co (Nausbaum). His job was to haul sacks of bran, cotton seed, and cotton-seed meal from a railway company’s cars to Nausbaum’s storage sheds to be fed to cattle. One day, without his employer’s consent, Cody took 20 sacks of cotton-seed meal from a railway car and sold them to a different company, Simon & Son. Cody delivered the bags to Simon & Son himself. He was tried and convicted of theft and appealed, arguing that he might be guilty of embezzlement but not theft because Nausbaum never had custody or possession of the cotton-seed-meal bags.
Rule of Law
Issue
Holding and Reasoning (Simkins, J.)
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