Lewis v. State

HENDERSON, Judge.

Appellant was convicted of the theft of horses, and liis punishment fixed at three years confinement in- the penitentiary; hence this appeal.

This was an ordinary indictment for theft. The proof shows that it was consummated by means of a false pretext, which is provided for in article 861, Penal Code. Appellant reserved a bill of exceptions to the action of the court refusing to give his -peremptory instruction, authorizing the jury to acquit appellant on the ground that there was no evidence to authorize a conviction. Appellant’s motion seems to he predicated on the idea…