Court of Criminal Appeals of Texas, 1892

Overturf v. State

Court of Criminal Appeals of Texas · Decided April 20, 1892 · No. 7525. · Davidson

23 S.W. 147; 31 Tex. Crim. 10; 1892 Tex. Crim. App. LEXIS 3 (South Western Reporter)

Counsel

No brief for appellant. R.H. Harrison, Assistant Attorney-General, for the State, in his brief, says, "If the court thinks the evidence sufficient to sustain the conviction, the judgment should be affirmed."

Opinion of the Court

*11 DAVIDSON, Judge.

Appellant was tried for and convicted of theft of coal, alleged to be the property of La Bryer. The evidence fails to show that any coal was ever taken by appellant from La Bryer.

The only coal taken by appellant was taken from along the right of . way of the Missouri, Kansas & Texas Railway Company; and this was not in the possession of La Bryer; but if in the possession of any one, it was in the possession of one Kelley, who gave appellant his authority and consent to take same.

Because the evidence does not support the conviction, the judgment is reversed and the cause remanded.

Reversed and remanded.

Judges all present and concurring.

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