20 Tex. Ct. App. 133
Decided January 9, 1886
Court of Appeals of Texas · decided 1886-01-09
<p>Appeal from the District Court of Lee. Tried below before the Hon. I. B. McFarland.</p> <p>The conviction in this case was for the theft of a horse, the property of Charles Wilson, in Lee county, Texas, on the 1st day of December, 1884. A term of five years in the penitentiary was the-penalty assessed against the appellant.</p>
Decided 1886-01-09
¶1So far as the fraudulent taking of the animal is concerned, the evidence is wholly circumstantial. Ho charge or instruction was given the jury by the court upon the law applicable to such a state of facts. It is therefore, as has been repeatedly decided, fundamentally deficient. (See authorities collated in Wright v. The State, 18 Texas Ct. App., 358.)
¶2The judgment is reversed and the cause remanded.
¶3 Reversed and remanded.