27 Tex. Ct. App. 623
Decided May 15, 1889
Court of Appeals of Texas · decided 1889-05-15
Tried below before the Hon. R. W. Cates, County Judge. The conviction in this case was for the theft of two cotton sacks, and three hundred pounds of seed cotton, of the aggregate value of eight dollars. The penalty assessed by the verdict was a fine of twenty-five dollars and imprisonment in the county jail for sixty days. Peter Baumgardner was the first witness for the State. He testified that he lived on Rock creek, in Burnet county.
Decided 1889-05-15
¶1In this case the Assistant Attorney General frankly confesses that he can not ask an affirmance of the judgment. The evidence is wholly insufficient to sustain the verdict and judgment, and even if the evidence .was sufficient the judgment would have to be reversed on account of errors in the charge of the court, both in regard to the instructions as to circumstantial evidence and recent possession.
¶2Reversed and remanded.