Holley v. State

Decided April 17, 1886

Court of Appeals of Texas · decided 1886-04-17

Tried below before the Hon. T. L. Nugent. The conviction in this case was for the theft of four head of cattle, the property of Dave O’Neill, in Hood county, Texas, on the first day of November, 1881. A term of four years in the penitentiary was the penalty awarded. Dave O’Neill was the first witness for the State.

Decided 1886-04-17

Hurt, Judge.

¶1This is a conviction for the theft of cattle, the property of Dave O’Neill.

¶2We do not desire to state and comment upon the evidence in this case. Suffice it to say, we do not believe it a safe precedent to permit this conviction to stand. The evidence, in our opinion, is not of that character—not of such force and clearness—as will justify this conviction. (The Reporters will state the evidence in full.)

¶3The judgment is reversed and the cause remanded for a new trial.

¶4Reversed and remanded.