Newman v. State

Citations

• 43 Tex. 525

Syllabus

<p>1. Grand jury.—The District Court may order the grand jury to reassemble after it has been discharged for the term, but cannot order the issuance of a venire to enable the sheriff to select a new grand jury after that for the term has been discharged.</p> <p>2. Charge op court.—On the trial of one for theft who, after being employed by the owner of the property to recover it, was found with it in his possession and alleged that he had recovered it, the jury, after their retirement, propounded to the court the following question : “ When a party is found in possession of stolen property, what weight has the proof of that fact in establishing the guilt or innocence of defendant? ” to which the court responded : “ when a party is found in possession of property after it is recently stolen</p> <p>the law presumes such person so found In possession the party who stole it,” &c., held, error; that the answer should have had application to the facts, and under such circumstances there was no presumption against the defendant to be removed arising from the possession of the property, or which placed him under any obligation to explain Ms possession.</p> <p>3. Grand jury.—It seems to be the design of the code to cut off all objections to the organization of the grand jury unless they are made in the challenges allowed at the time of its organization, or come strictly under the motion allowed to set aside the indictment after it is found by the grand jury.</p>