Landreth v. State
This text of 110 S.W. 904 (Landreth v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
Appellant was convicted of theft of property under the value of $50, and his punishment assessed at a fine of $35 and thirty days confinement in the county jail.
The only question we deem necessary to discuss is the sufficiency of the evidence. We do not think the same supports the verdict. It is undisputed that appellant found the property alleged to have been stolen, and made no effort to conceal same. This would not constitute theft under the laws of this State, there being no evidence that he formed the design to steal the property at the time he found it. Various witnesses testify to facts indicating that appellant did find the property, and we do not think the evidence is sufficient to support the verdict.
The judgment is, therefore, reversed and the cause is remanded.
Reversed and remanded.
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Cite This Page — Counsel Stack
110 S.W. 904, 53 Tex. Crim. 556, 1908 Tex. Crim. App. LEXIS 283, Counsel Stack Legal Research, https://law.counselstack.com/opinion/landreth-v-state-texcrimapp-1908.