Powers v. State

Appellant was convicted of theft of one head of cattle, and his punishment assessed at two years’ confinement in the penitentiary.

[1] The court in this case charged on circumstantial evidence, and appellant complains of the charge in this respect. However, this paragraph is drawn in terms frequently approved by this court. Barr v. State, 10 Tex. App. 510; Reeseman v. State, 59 Tex. Cr. R. 430, 128 S. W. 1129, and cases cited in Branch’s Crim. Law, § 204, where the rule is laid down that no precise words need be employed if the charge contains the test of exclusion; circumstantial evidence…