Nolley v. State

DICE, Commissioner.

The conviction is for cattle theft, with a prior conviction for an offense of like character alleged for enhancement; the punishment, ten years.

The sufficiency of the evidence to support the conviction is challenged.

The state’s evidence was undisputed that, on the date alleged, twelve head of cattle belonging to the prosecuting witnesses A. J. Causey and Estes Hargrave were stolen from a pasture in Hopkins County.

M. E. Boss, called as a witness by the state, testified that on the night in question he and the appellant went to the pasture and, without the owners’ consent,…