Riley v. State

KRUEGER, Judge.

The oifense is theft of a hog. The punishment assessed is confinement in the State penitentiary for a term of two years.

Appellant’s first and principal contention is that the evidence is insufficient to warrant and sustain his conviction. A careful review of the testimony as disclosed by the record leads us to the conclusion that his contention is well founded. It appears from the testimony adduced by the State that sometime during the latter part of July, 1939, Dave Connell missed one of his hogs which was running on the range. He described the hog which he lost as a black sow…