Henderson v. State

John Henderson, Herschel Henderson, and John Herrin were jointly tried on an indictment for simple larceny, and were convicted. They except' to the refusal of a new trial. The defendants claimed that the hogs alleged to have been stolen, and which had been roaming loose in the woods, were given to them *673some years before by Harley Henderson, a brother of two of the defendants, when he moved west, and that the hogs had been allowed to remain at large ever since. They claimed that when the hogs were caught, only three of the nine hogs taken were marked, and that they marked the rest, with the…