Jesse Bros. v. State

Citations

• 22 Tex. Ct. App. 447
• 3 S.W. 737
• 1886 Tex. Crim. App. LEXIS 278

Syllabus

<p>1. Theft—Receiving Stolen Property—Indictment.—To charge the receiving of stolen property, knowing it to be stolen, the indictment need not allege the facts going to constitute theft against the original taker from whom it has been received. See the opinion on the question.</p> <p>2. Same—Practice.—Plea of Autrefois Acquit, showing upon its face that there was no identity of the former case and that on trial it was properly held bad on demurrer.</p> <p>3. Exculpatory Explanation of Recently Stolen Property—Burden of Proof.—When a party in possession of recently stolen property gives an exculpatory explanation of his possession which is reasonable or probable, then the burden devolves upon the State to prove its falsity, otherwise the accused is entitled to an acquittal.</p> <p>4. Receiving Stolen Property, etc.—Pact Case.—See the statement of the case for evidence held insufficient to support a conviction for receiving stolen property, knowing it to be stolen, because insufficient to establish the essential element of guilty knowledge beyond a reasonable doubt.</p>