Hendricks v. State

The defendant below was indicted, tried and convicted on a charge of stealing a cow, the property of J.B. King.

One of the prime insistences on this appeal is that there is a failure in the proof to identify the cow, which the evidence tended to show the accused had in his possession, with the animal which Mr. King found to be missing.

It is a legal truism that proof of this fact constitutes a material link in the chain of evidence in cases of instant concern. Hopkins v. State, 25 Ala. App. 399, 147 So. 210.

The appellant rested his case when the State concluded its evidence in chief, and made a…