Court of Appeals of Texas April 10, 1889, No. 6229 (Taylor v. State)

White, Presiding Judge.

No one saw the defendant take the alleged stolen property. As made by the evidence, the case was one of possession, explained by defendant, of property recently stolen, the sufficiency of such explanation being a question for the jury. “The factum probandum of theft, as that offense is defined by our statute, is the taking of the property.