Kiser v. State, 21573.
| Decision Date | 23 April 1941 |
| Docket Number | No. 21573.,21573. |
| Citation | 150 S.W.2d 257 |
| Parties | KISER v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from District Court, Red River County; N. L. Dalby, Judge.
Oscar Kiser was convicted of the theft of an automobile, and he appeals.
Reversed and remanded.
R. E. Eubank, of Paris, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
Appellant was convicted of the theft of an automobile and his punishment assessed at confinement in the state penitentiary for a term of two years.
It appears from the State's testimony that on the night of July 29, 1940, a 1929 Model "A" Ford, which belonged to R. C. Bean, was taken from the public square in the town of Clarksville, where it had been parked earlier in the day. Some four or five days later, Bean found the car sitting alongside of the road leading from Bagwell to Manchester, and about four or five miles north of Bagwell. At the time Bean recovered the car, it would not start as both the coil and the distributor cap were gone. A screw driver, wrench and rubber mat from the floor of the car were gone, as well as some groceries which were in the car at the time it was taken. The value of the lost articles amounted to approximately ten dollars. Mr. Bean did not know who took his car.
Roosevelt Riddle, who was in Clarksville on the night in question and had parked his car on the public square, noticed a Ford car parked near where he was sitting in his own car talking to a young lady. Sometime between 9 and 10 o'clock P.M., appellant came to Mr. Riddle's car and asked if he might ride home with him. After talking to Riddle a few minutes, appellant went to the Ford car, got in it and drove it away. Appellant lived in the same direction from Clarksville as the place where the car was subsequently discovered. Appellant was indicted for the theft of the car. He made bond for his appearance but left the country and failed to appear when his case was called for trial and his bond was forfeited. He was subsequently arrested and tried with the result as above stated.
A number of questions are presented for review, but in the disposition which we are making of this case, we do not deem it necessary to discuss each and every question in detail.
Appellant complains because the court failed to instruct the jury on the law of circumstantial evidence and also declined to submit appellant's special requested instruction thereon. A careful study of the evidence leads us to the conclusion that appellant was entitled to such an instruction and that the learned trial court fell into error in declining to give the same. The only testimony connecting appellant with the stolen car is that of the witness Riddle, who testified that...
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