Best v. State

Fewell Best and another were jointly indicted for the larceny of two cows. After a severance was granted, Best was put on trial and the jury found him guilty as charged but recommended mercy. From a sentence of five years in the state penitentiary, he appealed.

About 7:00 o ’clock on Saturday morning, September 28,1957, Best and Hubert Lee Nicholson appeared at the stockyard of Roy Jeff coats in the City of Laurel, and sold him two cows. A check in payment was made to Best, who, at the time, had been drinking but Jeff coats did not think that he was drunk.

Otho Sellers, who lived in the town of…