Turner v. State

Appellant appeals from a conviction of theft of cattle for which the lowest penalty was assessed.

This is the second appeal in this case. The opinion in the first is reported in 71 Tex.Crim. Rep., 160 S.W. Rep., 357. Only the fourth count in the indictment was submitted to the jury for a finding. Appellant testified on the other trial but did not on this. The State, however, introduced in evidence certain portions of his testimony on the first trial. The evidence was sufficient to sustain the verdict. It is unnecessary to recite it.

The trial judge in a separate and distinct paragraph of his…