26 Tex. Ct. App. 370
Decided November 3, 1888
Court of Appeals of Texas · decided 1888-11-03
Tried below before the Hon. W. M. Lamb, County Judge. The conviction in this case was for the theft of thirteen hundred rails, the property of M. C. Young, and of the value’of thirteen dollars. The penalty assessed by the verdict was a fine of ten dollars. M. C. Young was the first witness for the State. He testified that he lived in Rains county, Texas, on a small tract of land that he bought from one John Rains in July, 1887.
Decided 1888-11-03
¶1This appeal is from a conviction for the theft of thirteen hundred rails, the fine imposed being ten dollars. In our opinion the evidence is not sufficient to establish a fraudulent intent upon the part of defendant in taking the rails, and unless such intent is clearly established he could not legally be convicted of theft.
¶2The judgment is reversed and the cause remanded.
¶3Reversed and remanded.