Field v. State
Court of Appeals of Texas
Appeal from the District Court of Taylor. Tried below before the Hon. T. H. Conner. The conviction was for the burglary of the store house of Leon Caperon, in Taylor county, Texas, on the twelfth day of February, 1887, and the penalty assessed against the appellant was a term of two years in the penitentiary. Leon Caperon was the first witness for the State.
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Appeal from the District Court of Taylor. Tried below before the Hon. T. H. Conner. The conviction was for the burglary of the store house of Leon Caperon, in Taylor county, Texas, on the twelfth day of February, 1887, and the penalty assessed against the appellant was a term of two years in the penitentiary. Leon Caperon was the first witness for the State. He testified that, on February 12, 1887, the day alleged in the indictment, he was engaged in the wholesale and retail grocery business in the city of Abilene, Taylor county, Texas. On the night of the day mentioned, which was Saturday,…
1Opinion of the Court
Willson, Judge.
There is not sufficient evidence before us to sustain this conviction. Conceding that the proof that the articles found at defendant’s house were a portion of the property which had been stolen from the burglarized house, said articles were not found in-the personal and exclusive possession of the defendant, nor did he claim the same as his property. We fail to find any other evidence in the record which tends with any cogency to prove defendant’s guilt. To our minds the evidence falls far short of establishing the guilt of the defendant with that degree of moral certainty…
2Cited by2 opinions
- Sorenson v. United StatesCourt of Appeals for the Eighth Circuit · 1909
- Eaton v. StateCourt of Criminal Appeals of Texas · 1940