Roebuck v. State
Court of Criminal Appeals of Texas
Appeal from the District Court of Newton. Tried below before Hon. Stephen P. West. Appeal from a conviction of theft of a hog; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with the theft of a hog, the property of Belda Jenkins. Belda Jenkins testified that a bunch of her hogs straj^ed off in 1898, and all came back but two or three, and she “could never get any hearing from them.”
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Appeal from the District Court of Newton. Tried below before Hon. Stephen P. West. Appeal from a conviction of theft of a hog; penalty, two years imprisonment in the penitentiary. The indictment charged appellant with the theft of a hog, the property of Belda Jenkins. Belda Jenkins testified that a bunch of her hogs straj^ed off in 1898, and all came back but two or three, and she “could never get any hearing from them.” One oE these was a black sow with about half a stocking on one fore leg; and it was marked with a crop and a half crop in its right ■ ear, and an underbit in its left-ear.…
1Opinion of the Court
BROOKS, Judge.
Appellant was convicted of the theft of a hog, and his punishment assessed at two years confinement in the penitentiary. Appellant complains of the following portion of the charge of the court, to wit: “The ownership of property as alleged may be shown by circumstances, provided same are sufficient to satisfy the jury beyond a reasonable doubt that the same belonged to the alleged owner.” This is a case of purely circumstantial evidence, and we think the court should have given a full and complete charge upon this phase of the law. It has been repeatedly held that, where the…
2Cases cited1 opinion
- Burrell v. StateTexas Supreme Court · 1857
3Cited by2 opinions
- Dysart v. StateCourt of Criminal Appeals of Texas · 1904
- Thompson v. StateCourt of Criminal Appeals of Texas · 1905