Mondragon v. State

Citations

• 33 Tex. 480

Syllabus

<p>1. The court below, having granted a change of venue in a felony case, refused to hear proof offered by the defendant that the court house of M. county was the nearest court house, aud, ou the ground that a speedy trial could not be obtained in M. county, ordered the causé to be removed to O. county. The cause having been removed as ordered, the defendant pleaded to the jurisdiction of the District Court of C. county ; but his plea was overruled. Held, that under Article 2999, Paschal’s Digest, the court below had a right to remove the cause to O. county, if it was satisfied that there was “ some valid objection ” to M. county ; and it is not material in what manner the court below became satisfied that there was such objection to M. county, unless it appeared from the record thaf the defendant’s cause was actually and positively prejudiced by the action of the court.</p> <p>2. The jury were instructed that “ ir stolen property is traced to the possession of the defendant, he must show that he camo lawfully by it, or the law considers him the thief.” Held, that inasmuch as the evidence showed the defendant’s possession of the property to have been recent after the commission of the thelt, there was no error, in the instruction of which he could complain.</p> <p>3. In December the defendant was found in possession of goods which had been stolen on the first of November. Held, that the possession was sufficiently recent to require that the defendant should explain it so as to exonerate him from the legal imputation of guilt.</p>