Elliott v. State

ON REHEARING.

October 3, 1923.

MORROW, Presiding Judge.

— In upholding the action of the trial court in refusing the special charges set out in the original opinion, appellant insists that we were in error.

His contention is to the effect that if the animal was stolen by' the appellant in the State of Oklahoma and afterwards brought by him into the State of Texas, the prosecution could not be maintained under the indictment upon which the conviction rests. It was not intended that the original opinion should deny the correctness of this proposition. On the contrary, the position is deemed sound.

Ar…