Chitister v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Jack. Tried below before Hon. J. W. PATTEESON. This appeal is from conviction for theft of one head of cattle, the punishment assessed being two years in the penitentiary. The conviction was had upon the count in the indictment which charged the theft of an animal, the ownership of which was to the grand jurors unknown.
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Appeal from the District Court of Jack. Tried below before Hon. J. W. PATTEESON. This appeal is from conviction for theft of one head of cattle, the punishment assessed being two years in the penitentiary. The conviction was had upon the count in the indictment which charged the theft of an animal, the ownership of which was to the grand jurors unknown. The principal witness for the State was James Crowley, and he testified substantially as follows: That he had charge of the Otten pasture, and that about ten months before the alleged theft, in putting some cattle belonging to another party…
1Opinion of the Court
DAVIDSON, Judge.
1. The court charged the jury, that “In this case the State relies for a conviction on circumstantial evidence alone, and in order to warrant a conviction upon such evidence each fact necessary to establish the guilt of the accused must be proved by competent evidence beyond a reasonable doubt, and the facts and circumstances proved should not only be consistent with the guilt of the accused, but inconsistent with any other reasonable hypothesis or conclusion than that of guilt, and producing in your minds a reasonable and moral certainty that the accused committed the…
2Cited by22 opinions
- Coffman v. StateCourt of Criminal Appeals of Texas · 1914
- Minter v. StateCourt of Criminal Appeals of Texas · 1913
- Howard v. StateCourt of Criminal Appeals of Texas · 1922
- State v. GuffeySouth Dakota Supreme Court · 1917
- Carter v. StateCourt of Criminal Appeals of Texas · 1937
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