Rogers v. State

KRUEGER, Judge.

— The appellant was convicted of the offense of theft of two hogs, and his punishment was assessed at confinement in the state penitentiary for a term of two years.

Appellant’s first contention is that the testimony is insufficient to warrant and sustain his conviction. The State proved that on the night of December 29, 1934, Ausencio Dabila lost two hogs. The next morning he instituted a search for them. He found tracks of the hogs leading from his lot, where they were in the habit of bedding at night, down into the pasture, through a gate, and onto the highway. He also found…