225 S.W. 169 | Tex. Crim. App. | 1920
Correction of Transcript.
This is. an appea-l from judgment of the county court adjudging appellant guilty of a misdemeanor. The record is not in condition to authorize its consideration, for the reason that the caption fails to disclose the date upon which the term at which the case was tried terminated. The statute limiting the time within which bills of exceptions and statement of facts may be filed renders knowledge of the date of adjournment necessary, in order that the appellate court may know whether the statute has been complied with, with reference to the bills of exceptions and statement of facts found in the record. The rules prescribed by the Supreme Court set forth the requisites of the caption of the transcript. Rule 112 (142 S. W. xxv). This court has endeavored to emphasize the importance of the clerks in preparing transcripts being guided by the rules, to the end that the merits of the appeal may receive attention.' The clerk of the county court of Karnes county is therefore directed to file a correct and completed transcript of the record with the clerk of this court within 15 days from this date; and the clerk of this court shall cause to be furnisned to the clerk of Karnes county a copy of this opinion and order.
On the Merits.
The appellant was convicted of a misdemeanor. He was charged with the theft of 21 turkeys from Sidney Murray. Murray was the owner of a turkey hen with 21 young turkeys. They were in the habit of roaming over the neighborhood and returning at night. They failed to return for two or three days prior to March 9, the owner attributing such failure to the fact that they were across the creek, and that there had been very heavy rains. Searching for them, his wife, Isabella Murray, went to the home of Rofino Gonzales, and there she found the turkey hen, which was identified by certain marks, and she concluded by the conduct of the hen that she was fretting for the loss of her young. Mrs. Murray made inquiry of the wife of Gonzales, but was informed that she had no knowledge of the turkeys. Rofino Gonzales testified that in the daytime on March 9, while a turkey hen and a number of young turkeys were near his house and in view of it, the appellant and one De Leon borrowed from the witness a sack, and caught the little turkeys and put them in it, and carried them away in the direction, of their home, which was near by. ,The wife of Gonzales gave similar, testimony. The appellant introduced testimony tending to show an aJibi, and testified, denying that lie been in possession of the turkeys. They were not found.
After the evidence was closed, and
Because of this error, the judgment is reversed, and the cause remanded.