Overturf v. State

Court of Criminal Appeals of Texas

Overturf v. State

23 S.W. 147, 31 Tex. Crim. 10, 1892 Tex. Crim. App. LEXIS 3

CourtCourt of Criminal Appeals of Texas

DecidedApril 20, 1892

DocketNo. 7525.

StatusPublished

Cited by1 cases

This text of 23 S.W. 147 (Overturf 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.

Bluebook

Overturf v. State, 23 S.W. 147, 31 Tex. Crim. 10, 1892 Tex. Crim. App. LEXIS 3 (Tex. 1892).

Pincite

Opinion

*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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