Tolliver v. State
Court of Appeals of Texas
Appeal from the County Court of Falls. Tried below before the Hon. John H. Wharton, County Judge. This conviction was for theft of an overcoat of less value than twenty dollars. The penalty assessed against the appellant was a fine of ten dollars and confinement in the county jail for three days. The opinion sufficiently states the proof.
1Opinion of the Court
Willson, Judge.
This conviction is for receiving an overcoat, knowing it to have been stolen. There is no evidence in the record before us to sustain the conviction. Defendant was found in possession of an old, ragged overcoat, which the prosecuting witness identified as a coat which had been stolen from him twelve or thirteen months prior to defendant’s being found in possession thereof.
*601Opinion delivered June 13, 1888.
There is not a particle of evidence showing, or even tending to show, that the defendant at any time knew that the coat had been stolen. His possession of the coat, even if it…
2Cited by1 opinion
- Preston v. StateCourt of Criminal Appeals of Texas · 1944