McCamant v. State
| Decision Date | 28 October 1896 |
| Citation | 37 S.W. 437 |
| Parties | McCAMANT v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from district court, Floyd county; W. R. McGill, Judge.
Dod McCamant appeals from a conviction. Reversed.
Mann Trice, for the State.
Appellant was indicted in Motley county for the theft of one head of cattle. By agreement the venue was changed to Floyd county, where the defendant was tried, and a conviction obtained. The state relied for a conviction upon the possession by the defendant of the alleged stolen animal, which he sold to Marion Morrow, as agent for Al Yantis. There is no positive proof in the case that defendant took the animal, and the state had to rely upon the fact of recent possession to prove the taking. There are other incriminative facts in the testimony, which are all of a circumstantial character (nor are any of these facts of such a character as placed the defendant within such juxtaposition to the taking as to relieve the case of being one wholly dependent upon circumstantial evidence for a conviction). It has been the rule in this state by a long line of decisions that in cases of this character it is incumbent upon the court to give in charge to the jury the law pertaining to circumstantial evidence. This was not done, although the defendant excepted to the court's charge for this omission, and asked a special charge in regard to this phase of the law, which was refused. The judgment is reversed, and the cause remanded.
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State v. Foster
... ... 528; State v ... Brady, 91 N.W. 801, 97 N.W. 62; 1 Blashfield Inst ... Juries, section 213, 12 Cyc. 633; 12 Am. & Eng. Enc. Law (1st ... Ed.) 879; Underhill on Cr. Ev. 10; Rapalje on Larceny, ... section 258; State v. Maxley, 14 S.W. 969; ... Territory v. Lermo, 46 P. 16; McCamant v. State, 37 ... S.W. 437 ... J. B ... Wineman, State's Attorney, and B. G. Skulason, Assistant ... State's Attorney, for respondent ... Jurisdiction ... of a justice in a criminal case is not lost by adjourning the ... cause for more than three days ... ...
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Jones v. State
...that the trial court should charge on the law of circumstantial evidence. See Hyden v. State, 31 Tex. Cr. R. 404, 20 S. W. 764; McCamant v. State, 37 S. W. 437; Taylor v. State, 27 Tex. App. 463, 11 S. W. 462; Schultz v. State, 30 Tex. It follows, therefore, that the affirmance of this case......