Perry v. State

Citations

• 41 Tex. 483

Syllabus

<p>1. Theft—Evidence by possession of stolen property.—Such possession must be considered in connection with the nature and character oí the property, the circumstances of the prisoner, and the declarations of the accused at the time of such possession.</p> <p>2. Explanation of possession of stolen property.—Declarations of the accused as to his possession, at the time charged with the offense, are admissible for or against him; and his explanation, if reasonable, and not contradicted, removes the presumption of guilt arising from such possession.</p> <p>3. Theft—Evidence held insufficient.—A party found with a drove of stolen cattle, and stating his possession to be that of a hired hand, and not contradicted, should not be convicted for theft of such cattle.</p>