
    Margaret Jackson v. The State.
    On a trial for theft the State wholly failed to prove the time at which the offense was committed. " Held, that for this deficiency in the proof, the' ■ ■ judgment-must be reversed, and the cause remanded for a new trial.
    Appeal from Fayette. Tried below before the Hon. I. B. McFarland. . " ' .
    The opinion is referred to for such facts as are material.
    
      J. R. Burns, for the appellant.
    Ho brief for the State.
   Ogden, J.

The appellant was indicted, tried, and convicted-of the theft of a cow. On the trial of the case the State wholly failed to prove the time when the alleged offense was committed, and-for this the judgment must be reversed; and as the cause will be again tried in the district court, it may be well to remark, that in our opinion the defendant was entitled to a rehearing on her motion, for a new trial, on account of the insufficiency of the evidence in proving any offense to warrant a conviction. The testimony of the witnesses for the State failed to make out a case of theft. The judgment is reversed and the cause remanded.

Reversed and-remanded-.' -  