Sweeden v. State

LATTIMORE, Judge.

—Appellant was convicted in the District Court of Comanche County of theft of an automobile, and his punishment fixed at two years in the penitentiary.

In our view of the case it must be reversed because of the insufficiency of the testimony. No evidence was introduced on behalf of appellant. A substantial statement of the testimony follows: Mr. Fitzgerald had a car in his garage in his yard on the night of the 14th of December, 1920. During that night some one took it away. It was apparently pushed from the garage to the street. The ground over which it was pushed was sandy…