Legal Opinion

Blackburn v. State

Court of Criminal Appeals of Texas

Decided November 10, 1915No. 3827Published

Appeal from the District Court of Concho. Tried below before the Hon. Jno. W. Goodwin. Appeal from a conviction of theft of mules; penalty, two years confinement in the penitentiary. The opinion states the case. On question of court’s charge on recent possession: Hudson v. State, 90 S. W. Eep., 177; Lewis v. State, 17 Texas Crim. App., 140; Heskew v. State, 17 id., 161; Beau v. State, 24 id., 11; Lacy v. State, 31 Texas Crim. Eep., 38; Jones v. State, 29 Texas Crim.

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Appeal from the District Court of Concho. Tried below before the Hon. Jno. W. Goodwin. Appeal from a conviction of theft of mules; penalty, two years confinement in the penitentiary. The opinion states the case. On question of court’s charge on recent possession: Hudson v. State, 90 S. W. Eep., 177; Lewis v. State, 17 Texas Crim. App., 140; Heskew v. State, 17 id., 161; Beau v. State, 24 id., 11; Lacy v. State, 31 Texas Crim. Eep., 38; Jones v. State, 29 Texas Crim. App., 20; Loan v. State, 153 S. W. Eep., 305; Baldwin v. State, 175 S. W. Eep., 701. On question of argument of counsel:…

1Opinion

ON REHEARING.

December 8, 1915.

HABPEB, Judge.

Appellant has filed a motion.for rehearing in this cause, one of the grounds being that the evidence is of too weak and unsatisfactory character to permit the verdict to stand. The theft of three mules from Mr. Hartgrove is shown beyond the shadow of a doubt; this fact is not questioned in the record. Shortly thereafter the-stolen animals are found in possession of appellant in Oklahoma. At that time he gives no explanation of his possession, hut proceeds to pay Mr. Hartgrove for the stolen animals. If he had any explanation to give of his…

2Cases cited14 opinions

  1. Barkly v. CopelandCalifornia Supreme Court · 1887
  2. State v. VincentSupreme Court of Iowa · 1868
  3. Waller v. PeopleIllinois Supreme Court · 1904
  4. Legere v. StateTennessee Supreme Court · 1903
  5. State v. HendricksSupreme Court of Kansas · 1884

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