Whitten v. State

MATSON, P. J-

Plaintiff in error, hereinafter referred to as defendant, was convicted in the district court of Mc-Curtain county of the crime of larceny of live stock. The prosecution was by indictment returned September 24, 1920. The charge was the larceny of one steer the property of C. H. Pierce, and it was alleged to have been committed on or about December 29, 1919.

Trial was had September 21, 1921, resulting in a verdict of guilty with punishment fixed at two years’ imprisonment in the state penitentiary.

The sole contention is: "The court erred in overruling the motion of plaintiff in…