Davis v. State

HENDERSON, Judge.

Appellant was convicted of the theft of one head of cattle, and his punishment assessed at confinement in the penitentiary for a term of two years; hence this appeal.

Appellant assigns as error the action of the court failing to instruct the jury on circumstantial evidence. We have examined the record carefully and in our opinion the facts of this case demanded such a charge. The evidence, briefly stated, is as follows: Prosecutor, Marnell, lived in Oak Cliff, and owned a Jersey cow. The cow had been turned out on the range a short time prior to November 18, 1902. She ranged…