Cleveland v. State

PRENDERGAST, Judge.

Appellant was convicted of theft from the person and assessed the lowest punishment.

The sole question in the case is whether or not the court should have given a charge on circumstantial evidence. The testimony of the complaining witness, Willie Carter, was amply sufficient to show that on the date alleged in the indictment he had in his pocket about $70 in money and met appellant at night on one of the streets in Austin and there made arrangements to have sexual intercourse with her; that they went to a certain locality and about the time he began action, he swore: “We got…