44 Tex. 652 | Tex. | 1876
The question of the guilt or the innocence of the appellant was fairly submitted in the charge of the court to the jury. If the property had been found in the possession of the appellant, his declaration at the time explanatory of his possession would have been admissible in evidence. But it was not shown from the facts contained in the bill of exceptions that appellant proposed to prove, otherwise than by his own declaration, that he was in possession of the steer when he said to the witnesses that he had bought it. The predicate was not laid for the admission of his declarations as to the character of his possession. Be did not offer to prove by the witnesses that he had ever been in possession of the animal or had exercised acts of ownership over it as facts within their knowledge, but the proposition was to prove that appellant had made.
We find no objection to the charge of the court. The case did not call for any charge upon an open taking of property under claim of right. Finding no error in the charge of the court, the judgment is affirmed.
Affirmed .