Robinson v. State

Citations

• 22 Tex. Ct. App. 690
• 3 S.W. 736
• 1887 Tex. Crim. App. LEXIS 21

Syllabus

<p>1. Theft—Possession of Recently Stolen Property, when alone relied upon as evidence of theft, is subject to the following rule: “To warrant an inference or presumption of guilt from the circumstance alone of possession, such possession must be personal, must be recent, must be unexplained, and must involve a distinct and conscious assertion of property by the defendant.” The rule is otherwise stated in general terms as follows: “If a party in whose exclusive possession goods recently stolen are found fails reasonably to account for his possession when called upon to explain, or when the facts are such as to require an explanation of him, the presumption of guilt arising from recent loss and possession will warrant a conviction without the necessity of farther proof.”</p> <p>2. Same—Pact Gase.—See the statement of the case for evidence held insufficient to support a conviction for theft, because, relying solely upon recent possession, the State failed to establish “exclusive possession” and a “ distinct and conscious assertion of property ” by the defendant.</p>