Wynn v. State

GRAVES, Judge.

Appellant was charged with cattle theft and by the jury assessed a penalty of four years in the state penitentiary.

There are nine bills of exception, all of which are based upon the alleged failure of the proof in that it is claimed that the two state’s witnesses, Rosson and Preston, were accomplices as a matter of law and that the trial court should have so instructed the jury.

We find that the cattle alleged to have been stolen were purchased by these two witnesses (Rosson and Preston)) for the price of $450.00 for ten head; that soon thereafter they were sold by them in…