Smith v. State

BROOKS, Judge.

Appellant was convicted of the theft of hogs, and given two years in the penitentiary. This is the second appeal of this case. See 56 S. W. Rep., 54. Appellant’s first assignment of error is, that the court erred in charging upon the law of recent possession of stolen property and appellant’s explanation of his alleged possession, because the evidence did not warrant such a charge, in this, that the question of possession of the identical hogs charged to have been stolen was never admitted, but was contested by defendant, and no explanation was made by defendant. The evidence…