Childress v. State
Court of Appeals of Texas
Appeal from the District Court of Milam. Tried below before the Hon. W. E. Collard. The conviction was for the theft of amare, and a term of five years in the penitentiary was the punishment assessed against the appellant. The pony referred to in the opinion was, according to the evidence, obtained by him in exchange for the mare, and was in his possession in Bastrop county when he was arrested there, ten days or two weeks after the mare was stolen in the county of Milam.
1Opinion of the CourtWinkler, J.
The appellant being on trial charged with the theft of a mare belonging to one GL F. Davidson, alleged to have been stolen in Milam county on January 1, 1819, offered to prove, as is recited in bill of exceptions No. 1, by the witness John Childress, the declaration of the defendant that he was innocent and his explanation of the transaction concerning the mare and pony, made when the parties at witness’ house first charged him with the theft of the mare, on the ground that declarations in defendant’s favor which defendant made when found in possession of stolen property, said property being…
2Cases cited1 opinion
- Cameron v. StateTexas Supreme Court · 1876