So far as the fraudulent taking of the animal is concerned, the evidence is wholly circumstantial. Ho charge or instruction was given the jury by the court upon the law applicable to such a state of facts. It is therefore, as has been repeatedly decided, fundamentally deficient. (See authorities collated in Wright v. The State, 18 Texas Ct. App., 358.)

The judgment is reversed and the cause remanded.

Reversed and remanded.