Demint v. State

Court of Appeals of Texas

Demint v. State

9 S.W. 738, 26 Tex. Ct. App. 370, 1888 Tex. Crim. App. LEXIS 200

Court of Appeals of Texas·Decided November 3, 1888·No. No. 2970·Published

Opinion

White, Presiding Judge.

This appeal is from a conviction for the theft of thirteen hundred rails, the fine imposed being ten dollars. In our opinion the evidence is not sufficient to establish a fraudulent intent upon the part of defendant in taking the rails, and unless such intent is clearly established he could not legally be convicted of theft.

The judgment is reversed and the cause remanded.

Reversed and remanded.

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White, Presiding Judge.

This appeal is from a conviction for the theft of thirteen hundred rails, the fine imposed being ten dollars. In our opinion the evidence is not sufficient to establish a fraudulent intent upon the part of defendant in taking the rails, and unless such intent is clearly established he could not legally be convicted of theft.

The judgment is reversed and the cause remanded.

Reversed and remanded.

Demint v. State, 9 S.W. 738, 26 Tex. Ct. App. 370, 1888 Tex. Crim. App. LEXIS 200 (Tex. Ct. App. 1888).

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