Burke v. State

Citations

• 25 Tex. Ct. App. 172
• 7 S.W. 873
• 1888 Tex. Crim. App. LEXIS 40

Syllabus

<p>Cattle Theft—Ownership—Brand.—In a trial for cattle theft the State relied wholly on the brand found upon the animal for proof that the animal belonged to the person whom the indictment alleged to be the owner, but failed to prove that the brand had been duly recorded. A bill of exceptions reserved by the defense shows that the defense objected to a record of the brand adduced by the State, but does not set out the record of the brand nor allege that it was put in evidence over the objections made to it by the defense. Reid that the evidence wholly fails to sustain the allegation of ownership made by the indictment, and consequently fails to support the verdict and judgment of conviction.</p>