Pate v. State

—The plaintiffs in error and Press Godwin and Jack Vann, alias Jack Harrell, were indicted by the grand jury of Bay county for the larceny of a “heifer of the bovine species,” alleged to be the property of Watts Gainer, on the third day of August, 1915. At the trial which was held in November, 1915, the jury returned a verdict of guilty as to Marcus and Emmett Pate and Press Godwin, and not guilty as to Jack Vann, alias Jack Harrell.

*98A motion for a new trial in behalf of the three defendants who were convicted was granted as to Press Godwin and denied as to Marcus and Emmett Pate, who are…