Spruill v. State

Citations

• 10 Tex. Ct. App. 695

Syllabus

<p>1. Cattle -Theft.—In a trial for theft of a heifer alleged to belong to an unknown owner the evidence showed that the animal, though an estray and the owner unknown, was in the possession of the person on whose premises it ranged. Held, that the jury should have been instructed that the want of that person’s consent to the taking of the animal by the defendant must be proved to the satisfaction of the jury, by circumstantial evidence or otherwise.</p> <p>2. Same.— See evidence held insufficient to sustain a conviction for the theft of an estray.</p>