Schnaubert v. State
Court of Appeals of Texas
Appeal from the District Court of Coleman. Tried below before Hon. J. W. Timmins. This conviction was for the theft of one head of neat cattle, and the penalty assessed against the appellant was a term of two years in the penitentiary. The opinion sufficiently states the substance of the evidence.
1Opinion of the Court
Willson, Judge.
This conviction is not warranted by the evidence. *223It was not proved that the defendant ever had possession of or claimed as his property the alleged stolen animal. The only evidence which tends in the slightest degree to connect him with the theft of said animal is that a brand upon the same had been altered so as to make it resemble a brand claimed by defendant. But there is no evidence that the defendant altered or was in anyway concerned in altering said brand. If the statement of facts before us contains all the evidence adduced on the trial, .and we must presume that it…
2Cited by2 opinions
- Eggleston v. StateCourt of Criminal Appeals of Texas · 1910
- Berry v. StateCourt of Criminal Appeals of Texas · 1920