J. S. Sandel v. State

KRUEGER, Judge.

Appellant was convicted of theft of one heifer, and his punishment was assessed at confinement in the state penitentiary for a term of two years.

Appellant’s main contention is that the evidence is insufficient to justify and sustain his conviction in that it is not shown that he took the animal with a fraudulent intent. We are inclined to agree with him. The conclusion reached by us is based upon the testimony in the record which, briefly stated, is as follows: the father and mother of appellant separated some fifteen or sixteen years prior to the time of the commission of the…