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27 Tex. Ct. App. 196

Smith v. State

Court of Appeals of Texas

Decided February 9, 1889

Court of Appeals of Texas · decided 1889-02-09

Tried below before the Hon. H. B. Pruitt, County Judge. The conviction was for the tneft ©f Utsey’s hog, and the penalty assessed was a fine of one dollar and imprisonment in the county jail for one day. The substance of the testimony of the prosecuting witness Clements was that he and his family occupied a tent on the place of the defendant, about one hundred yards from defendant’s house.

Decided 1889-02-09

Hurt, Judge.

¶1This conviction is for theft of a hog, with penalty fixed at a fine of one dollar and one day’s imprisonment.

¶2On the trial the State introduced one William Clements as a witness, by whom a very clear case of theft was shown against the appellant, but this witness is not corroborated in such manner as is required by law. The facts sworn to by the other witnesses do not tend to connect appellant with the theft of *198the hog. They tend to show that some one had stolen Utsey’s hog, but point to no particular person as being the thief. Clement’s evidence, who was evidently an accomplice, if not the only thief in this transaction, alone directs the criminative facts towards appellant. It is Clements who gives direction to the criminative facts, which show a theft by some person, by connecting appellant with these; whereas, without his testimony they would point to no person with certainty, and to Clements as unerringly as to any other person, if not with greater certainty.

Opinion delivered February 9, 1889.

¶3The accomplice, Clements, not being corroborated, the verdict is not supported by the testimony, and therefore the judgment is reversed and the cause remanded.

¶4Reversed and remanded.

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