
    ROGERS v. STATE.
    (Court of Criminal Appeals of Texas.
    Feb. 12, 1913.)
    Criminal Law (§ 112*) — Venue—Larceny.
    Under Code Cr. Proe. 1911, art. 245, providing that where property is stolen in one county and carried into another, the offender may be prosecuted in either, a train porter was triable in the county in which he was found to have in his custody money stolen from a passenger, though he first took the money in another county.
    [Ed. Note. — For other cases, see Criminal Law, Cent. Dig. §§ 220-226, 230; Dec. Dig. § 112.*]
    Appeal from District Court, Terrell County; W. C. Douglas, Judge.
    Joshua Rogers was convicted of theft, and he appeals.
    Affirmed.
    C. E. Lane, Asst. Atty. Gen., for the State.
   DAVIDSON, P. J.

This is a conviction for theft of property over the value of $50, the punishment being assessed at two years’ confinement in the penitentiary.

The question of venue seems to be the main proposition relied upon. The facts show that the money was taken from the alleged owner, Ruiz, in either El Paso county or in the county of Jeff Davis. The property was alleged to have been taken by the train porter from Ruiz, who was a traveler. Ruiz walked into the water-closet and hung his coat upon the doorknob on the inside. In handling the water-works in the closet in some way he failed to manipulate it correctly and called the porter. He walked out, forgetting his coat, but finally went back in a few minutes, and the location of the coat had been changed and his pocketbook had been taken, which, contained $260 in Mexican money, worth something like 48 cents on the dollar in American money. There is some evidence going to show at one station further down the road the person of appellant was examined but the money not found. After reaching the end of the division, San-derson in Terrell county, the officer at that point made another examination and found ' the money in a bag, or connected with a bag which contained some pillows which appellant, as train porter, used for the accommodation of passengers on the train. It was evidently the same money the traveler had lost, consisting of two $100 bills and three $20 bills in Mexican money. The proposition that appellant asserts is that the venue was not in Terrell county, but at the point where the money was taken — El Paso, Jeff Davis, or some other point before reaching Terrell county.- There is no merit in this contention. The statute (article 245, Revised G. O. P.) provides “that where property is stolen in one county and carried off by the offender to another, he may be prosecuted either in the county where he took the property or in any other county through or into which he may have carried the same.” It has been held that this statute applies to thefts other than those committed from the person. See Clark v. State, 23 Tex. App. 612, 5 S. W. 178, and cases there cited; Pearce v. State, 50 Tex. Cr. R. 507, 98 S. W. 861.

We are of opinion that the evidence is sufficient, and the venue is properly laid in Terrell county.

The judgment is affirmed.  