Misseldine v. State

Decided May 19, 1886

Court of Appeals of Texas · decided 1886-05-19

Tried below before the Hon. E. K. Taylor, County Judge. The conviction in this case was for the theft of three hogs, of the value of twelve dollars, the property of D. A. Farris, in Palo Pinto county, Texas, on the tenth day of April, 1885. A fine of ten dollars was the penalty imposed upon the appellant. Dorcas Ann Farris was the first witness for the State. She testified that she lived in the town of Palo Pinto.

Decided 1886-05-19

Hurt, Judge.

¶1The defendant in this case was tried and convicted of the theft of hogs, of value under twenty dollars, and the property as alleged, of one Farris.

¶2If this had been a trial of the right of property between the defendant and the prosecutor, and the evidence adduced in this trial had been the same as found in the record before us, and there had been a verdict in the case, we would not feel authorized to disturb it, whether in favor of one or of the other. Such being the state of the evidence, we cannot allow this conviction to stand. (The Reporters will state the' evidence in full.) The judgment is reversed and the cause remanded.

¶3Reversed and remanded.