Charles Demint v. The State, 26 Tex. Ct. App. 370

White, Presiding Judge. This appeal is from a conviction for the theft of thirteen hundred rails, the fine imposed being ten dollars. In our opinion the evidence is not sufficient to establish a fraudulent intent upon the part of defendant in taking the rails, and unless such intent is clearly established he could not legally be convicted of theft. The judgment is reversed and the cause remanded. Reversed and remanded.