Carlsen v. State

OPINION

MILLER, Judge.

This is an appeal from a conviction for theft of cattle. Punishment was assessed at ten years’ confinement and a $1,000 fine. Appellant in his sole ground of error challenges the sufficiency of the evidence. We reverse and order a judgment of acquittal be entered in this cause.

The State introduced six witnesses in its case-in-chief. Gerald Kent testified that he owned, or leased, a small ranching and farming operation in Fisher County. He owned over one hundred unbranded cows and calves including the “popular” black bald-faced or motley-faced calves produced by crossing…