Pollard v. State
Court of Criminal Appeals of Texas
Appeal from the County Court of Dallas. Tried below before Hon. T. F. Nash, County Judge. The indictment contained two counts. The first, for theft of a plow of the value of $8, the property of Nathan Elliot; the second, for receiving said plow from some person to the grand jury unknown, and fraudulently concealing the same.
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Appeal from the County Court of Dallas. Tried below before Hon. T. F. Nash, County Judge. The indictment contained two counts. The first, for theft of a plow of the value of $8, the property of Nathan Elliot; the second, for receiving said plow from some person to the grand jury unknown, and fraudulently concealing the same. Appellant was tried upon both counts, but was convicted upon the second, bis punishment being assessed at three months’ imprisonment in the county jail and a pecuniary fine of $300. The following statement of the case is taken from the brief of appellant’s counsel: W. B.…
1Opinion of the Court
DAYIDSOÍT, Judge.
Conviction was bad in this case for receiving and concealing stolen property. Defendant was not in actual possession of tbe plow. It was found in bis wagon, which was being driven by Brooks Pollard and Dullivan. Defendant denied theft of tbe plow, or any knowledge of tbe fact that a stolen plow was in tbe wagon. He was at tbe time riding fifteen or twenty steps in rear of tbe wagon, which was being driven along tbe public road. In this connection tbe court charged tbe jury: “Possession of recently stolen property is presumptive evidence of tbe guilt of tbe possessor, but such…
2Cited by21 opinions
- Worsham v. StateCourt of Criminal Appeals of Texas · 1909
- McKnight v. United StatesCourt of Appeals for the Sixth Circuit · 1899
- McKinley v. StateCourt of Criminal Appeals of Texas · 1907
- Roberts v. StateCourt of Appeals of Texas · 1984
- Harmon v. StateCourt of Criminal Appeals of Texas · 1932
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