Kay v. State

Citations

• 40 Tex. 29

Syllabus

<p>1. Where the testimony is conflicting as to the ownership of property alleged to have been stolen, the defendant is entitled to have the jury instructed, that unless they are satisfied beyond a reasonable doubt of the ownership as charged, they should acquit.</p> <p>2. Proof of the taking of property under a fair claim of ownership will not sustain a verdict upon a charge of theft.</p>