Powell v. State

Decided February 27, 1884

Court of Appeals of Texas · decided 1884-02-27

W. H. Burkhart., The indictment in this case charged the appellant with the theft of a cow, the property of one William LaBauve, in Jackson county, on the twelfth day of February, 1883. The penalty affixed, by a verdict of guilty, was a term of three years in the penitentiary. Henry Chinn, a colored man, was the first witness for the State.

Decided 1884-02-27

White, Presiding Judge.

¶1A careful consideration of every phase of the evidence elicited at the trial fails to satisfy us that the accomplice or particejps criminis who turned State’s evidence has been corroborated in any material matter which goes to connect appellant with the taking of the animal for the theft of which he has been convicted.

¶2Appellant may be guilty, as is testified by the witness, but the law requires more than such testimony to warrant a conviction, and without it is corroborated in some material matter we cannot sanction a conviction dependent alone upon it.

¶3The judgment is reversed and the cause remanded because of insufficiency of the evidence.

¶4Reversed and remanded.