Fisher v. State

ON MOTION FOR REHEARING.

MORROW, Presiding Judge.

— The conviction is for the theft of cattle from John Murry. The jury were properly instructed in accord with the statute denouncing the theft of cattle. Among other things in the charge, the jury were told that if they believed from the evidence, beyond a reasonable doubt, that Elbertis Fisher did fraudulently take from John Murry two hgad of cattle without his consent and with the intent to deprive him of the value of same or with the intent to permanently appropriate the said two head of cattle to the use and benefit of the said Elbertis…