Robinson v. State
Court of Appeals of Texas
Appeal from the County Court of Houston. Tried below before the Hon. W. B. Wall, County Judge. The indictment charged the appellant and George Robinson, jointly, with the theft of four hogs, of the value of three dollars each, the property of Thomas Plummer, in Houston county, Texas, on the second day of January, 1884. The penalty imposed upon the appellant, who was alone on trial and convicted in this case, was a fine of forty dollars, and confinement in the county jail for…
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Appeal from the County Court of Houston. Tried below before the Hon. W. B. Wall, County Judge. The indictment charged the appellant and George Robinson, jointly, with the theft of four hogs, of the value of three dollars each, the property of Thomas Plummer, in Houston county, Texas, on the second day of January, 1884. The penalty imposed upon the appellant, who was alone on trial and convicted in this case, was a fine of forty dollars, and confinement in the county jail for the period of ten days. Thomas Plummer was the first witness for the State. He testified that he lived near the Trinity…
1Opinion of the Court
White, Presiding Judge.
We do not believe the testimony as exhibited in this record is sufficient to sustain the conviction of this appellant. With regard to the other two parties implicated in the theft of the hogs the evidence may be sufficient, amply sufficient, to establish the charge. But as to this appellant the case as made is simply one of recent possession and nothing more.
What is the rule with regard to recent possession alone as evidence of theft? It is fully laid down in Lehman v. The State, 18 Texas Court of Appeals, 174, as follows, viz: “But, to warrant *692an inference or…
2Cases cited5 opinions
- Knickerbocker v. . the PeopleNew York Court of Appeals · 1870
- Taliaferro v. CommonwealthSupreme Court of Virginia · 1883
- Unger v. StateMississippi Supreme Court · 1872
- Smith v. PeopleIllinois Supreme Court · 1882
- State v. . TurnerSupreme Court of North Carolina · 1871
3Cited by3 opinions
- Hynson v. StateCourt of Criminal Appeals of Texas · 1983
- Eaton v. StateCourt of Criminal Appeals of Texas · 1940
- State v. ShepardNorth Dakota Supreme Court · 1937