Cornelius v. State

CHRISTIAN, Judge.

— The offense is theft; the punishment, confinement in the penitentiary for two years.

Appellant calls in question the sufficiency of the evidence. We deem the evidence insufficient to show that the automobile in which appellant was found riding with other parties belonged to Paul Clay, as charged in the indictment. Mr. Clay testified that he lost his automobile. He did not undertake to describe the car in any way. As far as his testimony was concerned, it might have been a Buick, Ford or some other make. He did not give the engine number, license number or any other number.…