Vincent v. State

Citations

• 10 Tex. Ct. App. 330

Syllabus

<p>1. Theft — Receiving Stolen Property.—It being enacted in this State that the offense of theft comprises all unlawful acquisitions of personal property, it is well settled that a conviction for receiving or concealing stolen property may be had under a general indictment for theft of the property. (Hurt, J., dissenting.)</p> <p>3. Verdict—'Charge of the Court.— Unless something appears to the contrary, it is presumable that the jury expressed their findings responsively to the instructions given them by the court; wherefore, in determining questions involving the import of the verdict, the charge of the court is to be looked to and considered.</p> <p>8. Same.—In a trial for receiving stolen property, the jury might, under the proof and their instructions, have convicted the defendant either of a felony or a misdemeanor, according to the value of the property. Without specifying the value of the property, the jury found a general verdict of guilty, and assessed a felonious punishment. Held, a good verdict.</p> <p>A Limitation — Charge of the Court.—It is incumbent on the State to prove an offense not barred by limitation, but, when nothing in the evidence raises a doubt whether the prosecution was barred, there is no occasion for instructions to the jury on the subject.</p>