Calhoun v. State

Citations

• 7 Tex. Ct. App. 340

Syllabus

<p>Theft. —In view of the prerogative of juries to weigh the evidence and pass upon the credibility of witnesses, a conviction for theft of a colt is sustained in the present case, notwithstanding that the only State’s witness who positively identified the animal was contradicted by several witnesses for the defence, — a suggestive though negative feature of the case being that the defendant made no effort to show what had become of the colt seen in his possession but asserted by him to have been a different one than the colt described in the indictment.</p>