Wills v. State

Citations

• 40 Tex. 69

Syllabus

<p>1. On the trial of one indicted under the act of November 12, 1866, for unlawfully removing cattle, belonging to some person unknown, from their accustomed range, a prima facie case of guilt is established upon proof being made that the cattle removed were estrays, or that they belonged to or were controlled by some other person. Upon such proof being made, no presumption can arise that the accused was the owner from the mere fact of his possession.</p> <p>3. Though possession of cattle, under a claim of purchase, without a written conveyance, is prima facie illegal, under the act of November 13, • 1866, which regulates the transfer of animals, even though there may have been an actual delivery, yet this presumption may be rebutted by parol evidence of ownership, or of a right to control, or of any fact which tends to prove the absence of criminal intent, or that the offense was not theft, but a misdemeanor.</p> <p>3. Upon the trial of one charged with removing stock from its accustomed range, held, error to instruct the jury that one acting under authority from another must know that the other had the right to give it, and that A. cannot give B. authority over stock in more than one brand.</p>