Court of Criminal Appeals of Texas

Gilbert W. Sutherlin, Appellant v. the State of Texas, Appellee

December 19, 19841984 Tex. Crim. App. LEXIS 821

Summary

The Court held that the evidence was insufficient to support Sutherlin's theft conviction because his remote possession of the bulldozer did not establish recent, unexplained possession, and therefore reversed the conviction and remanded for an acquittal. Justice Clinton, concurring, agreed on the insufficiency but criticized the Court's reliance on outdated statutory language.