Burges v. State

LATTIMORE, Judge.

Conviction for cattle theft; punishment, two years in the penitentiary.

Appellant was charged with theft of cattle belonging to A. M. .James. Mr. James lived in Dalhart, and his ranch from which the cattle were taken was sixteen miles distant. The testimony shows that Mr. James was at the ranch every few days, and that when he was not there one Tom Burges, a brother of appellant, acted as foreman, his duties being merely to carry out the instructions of Mr. James. Tom Burges, according to the record, had no right of disposition or removal of the cattle in the pasture whatever.…