Evans v. State

Citations

• 15 Tex. Ct. App. 31
• 1883 Tex. Crim. App. LEXIS 69

Syllabus

<p>1. Theft—Evidence.—See the opinion in extenso for evidence held insufficient to sustain a conviction for theft of an ox.</p> <p>2. Same—Charge of the Court.—Where, in a trial for theft, it appears,, that the property was taken under a claim of right, if it appears that the defendant had any fair color of title, or if the title of the prosecutor be brought into doubt at all, the court should direct an acquittal, it being improper to settle such disputes in the form of a criminal proceeding. See the opinion for charges of the court requested, which, embodying the law of the case, and supplying omissions in the general charge, should have been given.</p>