Ivey v. State
Texas Supreme Court
Appeal from Travis. Tried below before the Hon. J. P. Richardson. Dave Ezelle and John Ivey, the defendants, were indicted for theft of a steer, the property of Elizabeth Pfluger. There was a severance, and Ivey alone was put upon trial. The testimony showed that on the last day of July, 1873, two men, riding gray horses, were seen in the neighborhood of Pfluger’s, driving a bunch of cattle in the direction of Austin.
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Appeal from Travis. Tried below before the Hon. J. P. Richardson. Dave Ezelle and John Ivey, the defendants, were indicted for theft of a steer, the property of Elizabeth Pfluger. There was a severance, and Ivey alone was put upon trial. The testimony showed that on the last day of July, 1873, two men, riding gray horses, were seen in the neighborhood of Pfluger’s, driving a bunch of cattle in the direction of Austin. A witness pursued them about a mile, headed them, and at one time was within fifty yards. Witness recognized defendant as one of the men. Witness did not then know defendant,…
1Opinion of the Court
Reeves, Associate Justice.
The defendant asked the court to instruct the jury “ that the bill of sale introduced in evidence is on proof of its execution presumed to be a bona fide transaction, unless impeached by evidence of fraud.”
There was no error in refusing to give this instruction in the form it was asked.
The possession of property which has been recently stolen unexplained raises the presumption that the party in possession is the offender. This presumption may be removed by evidence showing how the property was acquired, as that it came into the possession of the party by purchase in…
2Cited by13 opinions
- State v. O'DonnellOregon Supreme Court · 1900
- State v. TarmanCourt of Appeals of Washington · 1980
- Bowman v. StateCourt of Criminal Appeals of Texas · 1913
- Willey v. StateCourt of Appeals of Texas · 1886
- Williams v. StateCourt of Appeals of Texas · 1887
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