James v. State
Court of Criminal Appeals of Texas
“At the Fall Term, 1893, of the District Court of Victoria County, appellant was tried and convicted on an indictment charging him with the theft and receiving and concealing a certain horse, the property of E. R. Hays. The evidence showed that appellant lived about three or four miles from the alleged owner, and had lived there most of his life, and was familiar with all the stock and brands in the surrounding country.
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“At the Fall Term, 1893, of the District Court of Victoria County, appellant was tried and convicted on an indictment charging him with the theft and receiving and concealing a certain horse, the property of E. R. Hays. The evidence showed that appellant lived about three or four miles from the alleged owner, and had lived there most of his life, and was familiar with all the stock and brands in the surrounding country. About 18 months after the horse, which was at the time of its loss a colt, was missed, appellant rode it to the house where the owner and his brother resided. The brother of…
1Opinion of the Court
HURT, Presiding Judge.
Conviction for theft of a horse, the alleged property of E. R. Hays.
The State relies upon the following facts for conviction: 1. That some person stole the horse. 2. Recent possession of the horse by appellant, and false explanations of possession made by him.
In explanation, when defendant’s possession was challenged, he stated, that the horse in question was a colt of an old gray mare which belonged to his father; that he had raised the horse, etc. By all the witnesses who had knowledge of the fact this statement was shown to be false; that in fact the horse belonged to…
2Cited by2 opinions
- Hart v. StateCourt of Criminal Appeals of Texas · 1904
- Downs v. StateCourt of Criminal Appeals of Texas · 1917