Clark v. State

CHRISTIAN, Judge.

The offense is theft of cattle; the punishment, confinement in the penitentiary for two years.

The testimony of witnesses for the state was sufficient to justify the conclusion that appellant killed a cow belonging to Bert More-land and appropriated it to his own use and benefit. Appellant testified that the animal in question belonged to him.

In view of the fact that the judgment must be reversed because of the error hereinafter discussed, we deem it unnecessary to decide whether appellant’s first application for a continuance was improperly overruled.

The district attorney…