Sparkman v. State

DAVIDSON, Presiding Judge.

—The information and complaint contain two counts, the first charging appellant with wilfully and wantonly, cruelly and unmercifully beating a horse, and the second charging that appellant took up and used the horse without the consent of the owner, Clinton Browning. There was no evidence to support the first, but we are of opinion the evidence, though not strong, is sufficient to justify the verdict of the jury in convicting appellant under the second count.

There was a party which appellant and others attended. Browning drove to the party in his buggy. One of the…