Heath v. State

In this case the plaintiff in error was convicted under an indictment charging him with the larceny of a red and white pided heifer yearling, an animal of the bovine species.

There was no conflict in the testimony except as to the identity of the animal. There was no evidence of concealment.

One set of witnesses testified positively to the identity of this young animal, which was unmarked, as being the property of Mrs. Tyre. The other set of witnesses testified just as positively identifying the animal as the property of Heath. It appears to us that one set of witnesses was mistaken as to the…