Armstead v. State

DAVIDSON, Presiding Judge.

Appellant was convicted of the theft of a hog, and his punishment fixed at two years in the penitentiary:

It is insisted the court erred in not only failing to charge the law applicable to a case of circumstantial evidence, but also in refusing to give a requested instruction submitting this theory of the law. This is a case of circumstantial evidence. The son of the alleged owner testi fled that he found appellant Merl Armstead and John Coffee in possession of a dead hog on Sunday evening; which he subsequently identified as one that belonged to his father Dan…