Evans v. State

BRICKEN, Presiding Judge.

From a judgment of conviction for the offense of grand larceny, this appeal was taken.

The property in question was a cow belonging to one Frank Fitzgerald, and the evidence is without dispute that said cow was stolen on or about the night of September 4, 1940. We gather from the record, that in order to show defendant’s opportunity to commit the crime the State was allowed, over the objection and exception of defendant, to offer evidence of the fact that witness Ed Knight saw the defendant at Patterson’s store the evening the cow was stolen that night, at which time…