State v. Stephens
Texas Supreme Court
32 Tex. 155 (1869)

- Written by Kelli Lanski, JD
Facts
Samuel Stephens (defendant) delivered a silver watch to William Pate for Pate to make repairs for which Stephens would pay him a fee. Pate completed the repairs, and Stephens took the watch but did not pay Pate for the repair work. Stephens was charged with theft. The indictment alleged that Pate was lawfully holding the watch as security for Stephen’s repair fee at the time Stephens took it. Stephens moved to quash the indictment, arguing that there was no theft because he owned the watch. His motion was granted, and the state appealed.
Rule of Law
Issue
Holding and Reasoning (Lindsay, J.)
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