Polanka v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Atascosa. Tried below before Hon. M. F. Lowe. This appeal is from a conviction for the theft of eleven hogs, the property of G. M. Eutledge, of the value of $4 each, and wherein the punishment was assessed at a term of two years in the penitentiary. In view of the fact that the case is disposed of in the opinion by a discussion of matters pertaining to the charge only, it is unnecessary to state the evidence in the case.
1Opinion of the Court
DAVIDSON, Judge.-
This conviction was for hog theft. The statement of facts incorporated in the record constitutes this a conviction depending wholly upon circumstantial evidence. It was therefore incumbent upon the trial court to instruct the jury in regard to the law applicable to such testimony. This is the settled rule in this State by an unbroken line of decisions, and a failure to comply with it'requires a reversal of the judgment, though exception be not reserved. Will-son’s Crim. Proc., sec. 2342, for collated authorities.
A charge upon alibi was requested by appellant, but refused by…
2Cited by5 opinions
- Gardner v. StateWyoming Supreme Court · 1921
- Cabrera v. StateCourt of Criminal Appeals of Texas · 1909
- Broz v. StateCourt of Criminal Appeals of Texas · 1922
- Ballentine v. StateCourt of Criminal Appeals of Texas · 1908
- Riley v. StateCourt of Criminal Appeals of Oklahoma · 1928