Mueller v. State

LATTIMORE, Judge.

Appellant was convicted in the District Court of Taylor County of the offense of the theft of cattle and his punishment fixed at- confinement in the penitentiary for two years.

The first contention before this court on appeal is that the trial court- erred in permitting the witnesses Gilmore and Biggs to testify that the horses’ tracks which accompanied the tracks of the alleged stolen cattle from the, pasture of the owner to where said cattle were found, were identical in size, shape and appearance with the horses’ tracks made in the presence of said witnesses by horses…