McCoy v. State

Citations

• 44 Tex. 616

Syllabus

<p>1. Theft—Charge of court.—A charge of the court enumerating the principal circumstances in evidence relied on as proof of recent possession of the property stolen, and instructing the jury “that the law raises from them, if unexplained, the presumption of guilt,” is error, for which a new trial should have been granted.</p> <p>2. Recent possession of stolen property.—Such possession, if unexplained, is a fact to be taken with the other testimony, from all which the jury may infer guilt as a presumption of fact, not of law. Any interference with the right of the jury in drawing their own conclusions from the testimony is error.</p>