Thomas v. State
Texas Supreme Court
Appeal from Smith. Tried below before the Hon. J. L. Camp, Judge of the Criminal District Court of Tyler. Wesley Hudson, January Williams, and David Thomas were indicted for theft of twenty bushels of corn, the property of James Dixon, of the value of thirty dollars.
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Appeal from Smith. Tried below before the Hon. J. L. Camp, Judge of the Criminal District Court of Tyler. Wesley Hudson, January Williams, and David Thomas were indicted for theft of twenty bushels of corn, the property of James Dixon, of the value of thirty dollars. On the trial of Thomas, Dixon testified that on a Monday in January, 1870, he left home, in Smith county, and returned on the Saturday following, when he found that about twenty bushels of corn was missing from his crib. Sunday morning he went to his crib and found a wagon track and the tracks of two mules; these tracks he traced…
1Opinion of the Court
Moore, Associate Justice.
The unexplained possession of stolen property recently after the theft is unquestionably a circumstance which often tends to prove the guilt of the party in whose possession it is found. Its force and effect to this end depends, however, upon all the facts and circumstances in the particular case under consideration. It is an inference of fact from the evidence, and not a presumption or conclusion of law from an established or admitted fact. This presumption may be and is often so plain and evident an inference from the facts, that in many cases it has not been…
2Cited by5 opinions
- McCoy v. StateTexas Supreme Court · 1876
- Ayres v. StateCourt of Appeals of Texas · 1886
- Lehman v. StateCourt of Appeals of Texas · 1885
- Alderson v. StateCourt of Appeals of Texas · 1877
- Thomas v. StateCourt of Appeals of Texas · 1877