Stewart v. State

HARPER, Judge.

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

Appellant earnestly insists that the evidence is insufficient to sustain the conviction, in that the evidence does not show that the horse found in his possession was the horse stolen from Mr. Collins. While we might say that the preponderance of the evidence is that the horse found in appellant’s possession is not the Collins horse, yet A. B. Collins positively identifies the animal as his horse, and if the jury believed his testimony, it…