Smith v. State

KRUEGER, Judge.

The offense is theft of one head of cattle. The punishment assessed is confinement in the State penitentiary for a term of two years.

The only question presented to this court for review is the sufficiency of the evidence to justify and sustain the conviction.

Levi Futrell, the self-confessed thief and accomplice in the commission of the alleged offense, testified in behalf of the State that on or about the 22nd day of February, 1939, he and appellant went out to the Matador Ranch and there, without the consent of the owners took the animal in question. This testimony of itself…