Butler v. State

The defendant and Mallard Payne were jointly indicted for simple larceny (hog stealing). The undisputed evidence showed that the owner of the hogs had intrusted them to Payne for the purpose of being raised and fattened by Payne, and that they were in the lawful possession of Payne when they were taken away and sold by the defendant at the usual market prices. The defendant, in his statement to the jury, said he bought the hogs from Payne. There is no evidence to contradict that statement, and, on the contrary, it was corroborated by all of the circumstantial evidence. Payne was not present'…