Davis v. State

HARPER, Judge.

Appellant was convicted of theft of two hogs, and his punishment assessed at two years confinement in the State penitentiary.

There is but one question raised on appeal, and that is the sufficiency of the evidence to sustain a conviction. It is a case depending entirely on circumstantial evidence, and if asportation of the stolen property was necessary to sustain a conviction, it would undoubtedly be insuf ficient, for it is not shown that the hogs were removed from their accustomed range. Article 1331, Penal Code, provides, that to constitute “taking” in theft cases, it is not…