Davis v. State

Roberts, Chief Justice.

The indictment charges the defendant with stealing “one beef, then and there being cattle,” of the value of ten dollars, on the fifteenth day of August, 1873.

The value of the animal was not proved on the trial. The defendant was convicted, and his punishment was assessed at two years labor in the penitentiary. A motion for new trial was overruled, and a judgment was entered, from which defendant gave notice of appeal to the Supreme Court.

The errors assigned are, first, that the court erred in not charging the jury that the value of the beef alleged to have been stolen…