Prince v. State
Texas Supreme Court
Appeal from Victoria. Tried, below before the Hon. T. C. Barden. Prince was indicted for burglary in breaking into Bob Johnson’s smoke-house with intent to steal, &c. On the trial it was proved that on the night of 26th March, 1875, Johnson’s smoke-house had been entered, the door lifted from its hinges, and about 150 pounds of bacon stolen.
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Appeal from Victoria. Tried, below before the Hon. T. C. Barden. Prince was indicted for burglary in breaking into Bob Johnson’s smoke-house with intent to steal, &c. On the trial it was proved that on the night of 26th March, 1875, Johnson’s smoke-house had been entered, the door lifted from its hinges, and about 150 pounds of bacon stolen. Tracks were seen next morning in the smoke-house, and which were followed in the direction of and to within five hundred yards of Prince’s residence. Fifteen days after the theft a search-warrant was procured and bacon found in the possession of the…
1Opinion of the Court
Reeves, Associate Justice.
The appellant complains that the court erred in the instructions given to the jury and for refusing to give the instructions asked by appellant. Appellant asked two charges ; one of them was given and the other was refused, and in place of it another charge was given by the court, as stated in the bill of exceptions. The charge asked and refused was, in substance, that possession of stolen goods, without other evidence of guilt, is not to be *482regarded as presumptive evidence of burglary. The court charged the jury, in substance, that if the defendant was found in…
2Cases cited3 opinions
- Miller v. AllenIndiana Supreme Court · 1858
- State v. SmithSupreme Court of Connecticut · 1811
- People v. ForbesCalifornia Supreme Court · 1863
3Cited by19 opinions
- Turner v. StateCourt of Criminal Appeals of Texas · 1987
- Ex Parte Ralph LawsonCourt of Criminal Appeals of Texas · 1924
- In re WalshNebraska Supreme Court · 1893
- BretonSupreme Judicial Court of Maine · 1899
- Ex Parte BellCourt of Criminal Appeals of Oklahoma · 1926
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