State v. Eye

WELBORN, Commissioner.

Joseph Eye appeals from a judgment and sentence, under the Habitual Criminal Act, of five years’ imprisonment for stealing a cow.

Sixteen-year-old Dennis Fitzwater, as a witness for the state, testified that he, the appellant and appellant’s brother, Marvin Eye, were driving around the open range country in Washington County on September 22, 1965, looking for “some pork to butcher.” They saw some Angus cattle. Joe shot at one in the road with a pistol, hitting the animal, but it only “staggered and ran off.” Subsequently, at around noon, they came across an Angus cow,…