Burkett v. State

Webb, Judge.

The defendant was indicted for theft by taking, a felony, in the unlawful taking of "seven animals of the species known as cattle.” General and special demurrers were filed to the indictment and were overruled. Because other charges were pending against defendant at the time of his arrest, he filed a plea in abatement and motion to quash. After a hearing, these defenses were also overruled. Trial was held, and the defendant convicted and sentenced to serve seven years. Motion for new trial was filed, heard and denied. Defendant appeals from the judgment and sentence and the denial…