Kuykendall v. State

Appellant relies on Melton v. State (Texas Crim. App.),56 S.W. 67; Dawson v. State (Texas Crim. App.), 61 S.W. 469, and Clements v. State, 43 Tex.Crim. Rep., 66 S.W. 301, 303, as holding that to sustain a conviction for theft of property from an unknown owner, there must be proof in the record showing that said property had the status of belonging to some unknown owner prior to the time same was taken by or found in possession of the accused. We briefly analyze said cases:

In the Clements case, supra, the three calves alleged to have been stolen were brought by the accused to Brigman's…