State v. Cummings

TITUS, Judge.

Defendant was found guilty of stealing two neat cattle. The jury fixed his punishment at one year’s imprisonment in the county jail and a fine of $500. §§ 560.156, subd. 2, 560.161, subd. 2(3) RSMo 1969, V.A.M.S. He appealed. We reverse and remand.

Defendant, a horse trader of some repute, asseverated to the jury at trial and to others while the matter was under investigation (as they testified in whole or part), that he had traded a horse, saddle and bridle to one L. Harris of Bunker, Missouri, for the two bovines. The court gave the usual definitional, cautionary, and…