Jemison and Jackson v. State

Appellants were convicted of hog theft and given two years confinement in the penitentiary each, the ownership being alleged in W.C. Smith.

A question is presented as to proper allegation of ownership under the facts. This comes from an attack on the sufficiency of the evidence to support that charge in the indictment as well as refusal of the special requested instructions directing the jury to enter a verdict of not guilty on the variance between the proof and allegation of ownership. Smith, alleged owner, lived in the town of Malakoff, in Henderson County. He owned quite a lot of property,…