Erskine v. State

Citations

• 1 Tex. Ct. App. 405

Syllabus

<p>Theft—Evidence.—In a trial for the theft of a gelding it was in proof that the animal, when taken, was in the care and immediate possession of an agent of the owner. Want of the owner’s consent to the taking of the animal was proved by the state, hut there was no evidence that the agent did not consent to it. Held, that in such a case it. isjiecessary to prove want of consent of both the. owner and his agent—of which their own direct testimony would be the best evidence, but which might be proved by circumstantial evidence if such direct testimony could not be obtained.</p>