Henry v. State

Citations

• 45 Tex. 84

Syllabus

<p>1. Theft — Ownership—Charge.—On a trial for theft of two oxen, where the testimony showed that the oxen were taken from the possession of a widow claiming them as her own, hut they appeared to be unadministered community property of the estate of her husband : Held, proper to instruct the jury, “ if the proof shows that she had the oxen in possession, and claimed and exercised acts of ownership over them, the presumption would be that she was the owner, in the absence of satisfactory evidence to the contrary; * *' and if the proof further satisfies the jury that the defendant took the said oxen from the possession of the owner without her consent, they will find him guilty.”</p> <p>2. Theft — Joint ownership. — On a trial for theft of property from the possession of a party who is shown to be a joint owner, and who had the property in possession, such testimony is sufficient proof of ownership.</p> <p>3. Oxen. — “ Two certain oxen ” is sufficiently certain as a description of stolen property.</p>