Hernandez v. State

KRUEGER, Judge.

The offense is theft of property over the value of fifty dollars. The punishment is confinement in the state penitentiary for a term of two years.

Appellant brings forward two complaints. The first relates to the court’s action in declining to grant his request for an instruction to the jury to return a verdict of not guilty. His second complaint relates to the court’s action in declining to give certain requested instructions.

The first complaint necessarily rests upon the evidence adduced which, briefly stated, shows that Jap Holman lived on a ranch some distance from the town…