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12 Tex. Ct. App. 350

Hardeman v. State

Court of Appeals of Texas

Decided July 1, 1882

Court of Appeals of Texas · decided 1882-07-01

Tried below before the Hon. W. A. Blackburn. The indictment charged the appellant with the theft of an estray horse, whose owner was unknown. His trial resulted in conviction, and he was adjudged a term of five years in the penitentiary. Ira Harris testified for the State that he knew the horse alleged to have been stolen by the defendant. He was a dun horse and ranged about the Chandler water-hole in Williamson county. He had been known for several years as an estray.

Decided 1882-07-01

White, P. J.

¶1The facts proven upon the trial do not, in our opinion, tend to establish defendant’s guilt of the theft charged with that degree of conclusiveness or certainty as that we are willing to let the conviction stand as a precedent for adjudications in criminal cases. Defendant may be guilty, but his guilt should be established beyond mere suspicion or even strong probability. In the view we take of the statement of facts there appears to be other evidence which, if accessible, may on another trial tend to throw more light upon the question of guilt ■or innocence. As presented in this record, because the evidence is insufficient to support the verdict, the judgment is reversed and the cause remanded for a new trial.

¶2Reversed and remanded.

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