Legal Opinion

McGowen v. State

Court of Criminal Appeals of Texas

Decided April 16, 1930No. 13255PublishedCited by 1 opinion

The opinion states the case.

1Opinion of the Court

LATTIMORE, Judge.

Conviction is for cattle theft; punishment, two years in the penitentiary.

The bills of exception appear to have been filed too late for our consideration. The statement of facts was filed in time.

The possession of the cow in question in this case appears to be the sole reliance of the State as affording support to the claim that the appellant was guilty of the theft of said animal. To warrant such inference, as has been held by this court from the beginning, the possession must be recent and unexplained, along with other indicia not here necessary to discuss. It is without…

2Cases cited3 opinions

  1. Smith v. StateCourt of Criminal Appeals of Texas · 1907
  2. Clary v. StateCourt of Criminal Appeals of Texas · 1912
  3. Freddy v. StateCourt of Criminal Appeals of Texas · 1921

3Cited by1 opinion

  1. Cone v. StateSupreme Court of Florida · 1953

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