Burton v. State

HARPER, Judge.

Appellant was indicted, tried and convicted of theft of a horse and his punishment assessed at two years in the penitentiary.

When the case was called for trial, the appellant announced ready. A jury was empaneled, and the State introduced its testimony and rested. The appellant then called Henry Gunter as a witness. The State objected to Gunter being permitted to testify as he was indicted, for theft of the same horses in Knox County. The evidence would show that the horses belonged to Will Collins, who resided near Knox City. Gunter and appellant went but to Collins’. house one…