Parks v. State

DAVIDSON, Judge.

Appellant was convicted of the theft of two head of cattle. The indictment contains three counts, one charging theft of the two head of cattle, one for receiving said cattle from McGuire, and the remaining one for receiving the cattle from some one to *598the grand jurors unknown, etc. There being no evidence to support either count alleging the reception by appellant of the cattle from anybody, the court limited the consideration of the jury in his charge to the count "charging the theft. The jury by their verdict found the defendant guilty as charged in the indictment.

It is…