Irvine v. State

Citations

• 13 Tex. Ct. App. 499
• 1883 Tex. Crim. App. LEXIS 39

Syllabus

<p>1. Theft—Possession of Recently Stolen Property—Charge of the Court.—See the opinion in extenso for a state of case wherein, in addition to a proper charge given on the possession of property recently stolen, the court should have instructed the jury that any reasonable explanation of his possession of the property recently stolen, made by the defendant at the time' he was found in possession of the property, if not shown to be false, rebuts the suspicious circumstance of recent pos- , session, and devolves the burden of proving the falsity of such explanation upon the State.</p> <p>3. Same-—Evidence—Rew Trial.—See the opinion in extenso for evidence held insufficient to sustain a conviction for theft of a steer; wherefore the trial court should have awarded a new trial.</p>