Martin v. State

Ireland, Associate Justice.

The proof in this case is that the owner of the property said to have been stolen while in his field heard the report of a gun ; advancing, lie saw, just over a hill, the defendant loading his gun, and on approaching the defendant he saw, about fifteen feet from where defendant was standing, one of his hogs freshly shot. He said to defendant, “That is my hog shot.” The defendant replied, “ I did not shoot it.”

The prosecutor rode off. There was another person with defendant, near the hog, who was not prosecuted so far as we are informed, nor is he heard of again in…