Beardsley v. State

CARVER, Justice.

Robert Beardsley appeals his conviction by a jury of third-degree felony theft. The court assessed punishment at five years imprisonment. Beardsley brings two grounds of error, asserting that: (1) testimony offered to show Beardsley’s state of mind was improperly excluded; and (2) the evidence was insufficient to support a verdict of guilty. We agree that the evidence was insufficient. Accordingly, we reverse the trial court’s judgment and enter a judgment of acquittal.

Because Beardsley challenges the sufficiency of the evidence, we will set forth the facts in detail.…