Sitterlee v. State

Citations

• 13 Tex. Ct. App. 587
• 1883 Tex. Crim. App. LEXIS 54

Syllabus

<p>1. Theft—Possession of Recently Stolen Property—Charue of the Court.—Where, in a prosecution for theft, the State relies upon the defendant’s possession of recently stolen property as an inculpatory fact, any explanation given by the defendant at the time he was found in possession, respecting his possession, is admissible in evidence; and, if it be reasonable and exculpatory, the State is charged with the onus of proving the falsity of such explanation before such possession can of itself be held criminative of the accused. See the opinion for a state of the ease wherein the court erred in failing to instruct the jury as to the principle enunciated.</p> <p>2. Same—Evidence—Accomplice.—See the opinion in extenso for evidence which required that the court, though not requested, should have given in charge the substance of Article 741 of the Code of Criminal Procedure, regarding the testimony of an accomplice.</p>