Dreyer v. State

Citations

• 11 Tex. Ct. App. 503

Syllabus

<p>1. Theft — Ownership.— Indictment for theft of cattle alleged the ownership to be in one B. The proof showed that the cattle belonged to the estate of the deceased father of B., but that B. had the charge and control of them. Held, under article 436 of the Code of Procedure, that the ownership was well alleged in B., and that the proof was germane to the allegation.</p> <p>3. Possession of Recently Stolen Property — Charge of the Court.—When the chief inculpatory fact in a trial for theft was possession of the stolen property recently after the theft, it was error to refuse a requested instruction to the effect that such possession was not of itself sufficient to warrant a conviction.</p> <p>3. Venue of Offense.— Unless the record on appeal shows that there was proof of the venue of the offense, the conviction will be set aside.</p>