Drager v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for theft of cattle under $10,000. The jury assessed punishment at two years’ confinement in the Texas Department of Corrections.

The State’s evidence was circumstantial. Appellant’s only ground of error challenges its sufficiency.

The record reflects that the complaining witness stock farmed in an area about ten miles north of Bovina. He went with his brother to check his cattle around 10 a. m. on April 1, 1975. He noticed a calf was missing. Circumstances revealed that this was not merely an occurrence appropriate for the day. The calf…