Kenneda v. State

Citations

• 16 Tex. Ct. App. 258
• 1884 Tex. Crim. App. LEXIS 101

Syllabus

<p>1. Theft—Practice—Charos of the Court—Possession of Recently Stolen Property.—It is a well settled rule of practice that the charge of the court should submit the law affirmatively upon every legitimate phase in which the evidence might be considered by the jury, and upon all the issues raised by the proof. And when there is a doubt as to whether an issue is or is not directly made by the evidence, the better practice is to solve the doubt by charging the law with reference to it. But see a state of proof whereunder, in the absence of a requested charge, the omission of the court to charge the law applicable to the defendant’s explanation of his possession of stolen property before it was questioned was not reversible error.</p> <p>2. Same—Circumstantial Evidence.—Omission to charge the law of circumstantial evidence, when the State relies alone upon that character of evidence, is fatal error.</p>