Ballard v. State

(dissenting).—Appellant was charged with stealing an animal the property of J. M. Jackson.

This is a companion case to the case of Law v. State, as to the taking of the animal and the attendant circumstances testified to by the witness Southworth, and the facts are in substance the same. My brethren affirm both cases. I can not concur with their conclusion.

In this case, however, appellant proved by quite a number of witnesses, among them county officers, that he was in the county seat of the county at the time Southworth says the animal was taken and was not present and had no connection with…