Williams v. State
Court of Appeals of Texas
Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. The indictment charged that the appellant, on or about the 28th of February, 1881, stole, took and carried away from the possession of Thomas Dever, the owner, four certain horses. The verdict pronounced the appellant guilty, and assessed his punishment at ten years in the penitentiary.
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Appeal from the District Court of Washington. Tried below before the Hon. I. B. McFarland. The indictment charged that the appellant, on or about the 28th of February, 1881, stole, took and carried away from the possession of Thomas Dever, the owner, four certain horses. The verdict pronounced the appellant guilty, and assessed his punishment at ten years in the penitentiary. According to the proof the owner of the horses lived- in Washington county but not more than two miles from the line between that county and the county of Austin. The horses were in the habit of going to graze in an old…
1Opinion of the CourtHurt, J.
The court below charged the jury that, “ The possession of property recently stolen is a circumstance proper to be given in evidence to the jury, and from which the jury, if the possession remain unexplained, may infer guilt; but it is not of itself conclusive of the fact.”
'Such a charge as this has been denounced and condemned by the Supreme as well as this court, in terms so clear and strong as should have placed this question at rest in this State. But it seems that these unqualified condemnations by our Supreme Court, and the equally strong and unmistakable denunciations of this court,…
2Cases cited4 opinions
- Thompson v. StateTexas Supreme Court · 1875
- Perry v. StateTexas Supreme Court · 1874
- Parrish v. StateTexas Supreme Court · 1876
- Mondragon v. StateTexas Supreme Court · 1870