Merrell v. State

Evans, Judge.

Defendant was tried and convicted of the offense of theft by taking "one black angus hefer [sic], property of Otis Wright of the value of $200.” He was sentenced to serve ten years. Motion for new trial was filed and denied. Defendant appeals. Held:

1. The owner of the animal (Wright) saw the defendant (Danny Merrell) and his co-indictee (Charles Lowery) acting suspiciously near his property. Investigating further, he found blood where an animal had been dragged from his property onto the road. The incident was reported to the sheriff who, on approaching the farm along a one-lane…