Massey v. State

Citations

• 1 Tex. Ct. App. 563

Syllabus

<p>1. Theft—Evidence.—On a trial for theft of a gelding the state proved that, subsequent to the theft, the animal was sold by accused to a witness, from whom the owner subsequently made reclamation; whereupon the witness informed the accused of the claim thus set up to the animal, and a part of the conversation which then ensued between the witness and the accused was elicited by the state. Held, that the accused was entitled, on the cross-examination, to have the witness state the remainder of the conversation.</p> <p>2. Evidence—Bill op Exceptions.—In reserving exceptions to the exclusion of the explanation given by the accused of his possession of the stolen property, the bill of exceptions should show what the explanation was, so that its relevancy and materiality could be considered.</p> <p>3. Evidence.—On a trial for theft of a branded animal a witness for the defense swore he saw the accused trade for the animal with one O., and accused offered certificates of the county court showing that 0. and two other persons in the county had recorded the brand as theirs. Held, that it was error to exclude the certificates from the jury on objection by the state.</p> <p>4. Reasonable Doubt may not only arise out of the evidence, but may be the result of a want of evidence. On this subject instructions to juries should follow the statute (Paso. Dig., Art. 3105), without further explanation.</p> <p>6. Chabge on Weight op Evtdenoe.—The court below instructed the jury, in effect, that if the accused stated that he got the stolen property from one person, and the proof showed that he got it from a different one, it was a suspicious circumstance which the jury might consider of. Held, to be a charge on the weight of evidence. Great caution should be exercised in framing instructions to juries, so as to avoid charging on the weight of the evidence.</p>