Byrd v. State

HEHDEBSON, Judge.

Appellant was convicted of the theft of horses, and his punishment fixed at seven years confinement in the penitentiary.

Appellant insists that the court committed an error in attempting to limit the evidence in regard to the theft of other animals than that alleged in the indictment. The theft of the other animals was evidently contemporaneous with the theft of those alleged in the indictment ; and in our opinion, the court properly instructed the jury that they could only consider such testimony in order to establish the identity of the transaction, or could use the same in…