Rhodes v. State

Pannell, Presiding Judge.

Appellants, Jessie Edward Rhodes and Hoyt Edward Franklin, were indicted, tried and convicted of the offense of theft by taking. They appeal the conviction and the denial of motion for new trial.

The evidence disclosed that on the evening of June 24, 1974, appellants went onto a farm located in Barrow County. While on the farm, appellant Franklin shot a bull calf worth $250 and cut the two hind quarters from the calf. Appellants then buried the remaining carcass and carried the two hind quarters away with them.

Appellant Franklin denied any intent to shoot the bull. He…