Mitchell Mark Orr v. State

JONES, Justice.

After a joint trial, a jury convicted Mitchell Mark Orr and Waymon B. Pitchford, Jr., appellants, of theft. See Tex.Penal Code Ann. § 31.03 (1989). The jury assessed punishment for both appellants at ten years’ imprisonment, probated for ten years, and a fine of $10,000. On appeal, appellants assert five points of error challenging the legal sufficiency of the evidence to support their conviction. We will reverse the convictions and reform the judgments to reflect acquittals.

BACKGROUND

In October 1988 Randy Hutto contacted Tom McCann regarding several oil and gas wells that…