Tollett v. State
Texas Supreme Court
Appeal from Hopkins. Tried below before the Hon. W. H. Andrews. William Lynch and E. L. Tollett were jointly indicted for theft from a house. There was a severance, and Tollett was first put on trial and convicted. The conviction rests alone on circumstantial evidence. The main points relied on by the State were the identification of a hat found where the theft was committed and identified by some of the witnesses as a hat belonging to Wm.
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Appeal from Hopkins. Tried below before the Hon. W. H. Andrews. William Lynch and E. L. Tollett were jointly indicted for theft from a house. There was a severance, and Tollett was first put on trial and convicted. The conviction rests alone on circumstantial evidence. The main points relied on by the State were the identification of a hat found where the theft was committed and identified by some of the witnesses as a hat belonging to Wm. Lynch, and that appellant was in company with Lynch the evening preceding and the morning succeeding the theft. The presence of appellant and Lynch in the…
1Opinion of the Court
Roberts, Chief Justice.
The defendant was convicted for stealing money and goods from a storehouse.
The only one of the many grounds of objection set forth in the motion for a new trial which it is deemed necessary to notice is, that the verdict of the jury is not warranted by the evidence.
*97The deficiency in the evidence consists in not proving that anything was missed from the house, and that nothing that was in the house was traced with any reasonable certainty to the possession of the defendant. The new shoes that he had were proved to have been bought by his aunt from the same store, and the…
2Cited by43 opinions
- Clewis v. StateCourt of Criminal Appeals of Texas · 1996
- Bigby v. StateCourt of Criminal Appeals of Texas · 1994
- Gill v. StateCourt of Criminal Appeals of Texas · 1896
- Clifton v. StateCourt of Criminal Appeals of Texas · 1898
- Hilson v. StateCourt of Criminal Appeals of Texas · 1925
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