Aeby v. State

The appellant was convicted of a misdemeanor theft. He was indicted for the theft of an automobile, and the conviction is based upon the theory he took the automobile with the intent to steal it and made a voluntary return.

The evidence is circumstantial, and we think insufficient. Van Pelt, the owner of a Ford automobile, drove from Royse, in Rockwall County, to Dallas, taking in his car appellant and two other persons. The car was left standing on the street about noon, and about an hour later Van Pelt missed it. Appellant disclaimed any knowledge of it, and the evidence shows without…