SMITH v. STATE

No. 49607.

518 S.W.2d 823 (1975)

Henry Morgan SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 19, 1975.


Attorney(s) appearing for the Case

Ted Hartley and Lee Griffin, Clovis, N. M., for appellant.

Jack Young, Dist. Atty., Muleshoe, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.


OPINION

DALLY, Commissioner.

This is an appeal from a conviction for felony theft; the punishment assessed was imprisonment for four years. The appellant insists that the evidence merely shows he possessed the stolen "friction saw" and that it does not support his conviction for the theft of that saw.

Evidence that a defendant had the personal, unexplained possession of property recently stolen is sufficient to raise a presumption or inference of...

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