Bennett v. State

SIMKINS, Judge.

Appellant was convicted of the theft of cattle, and his punishment assessed at three years in the penitentiary.

This is the third appeal. It was reversed November 20,1890, because there was no charge on alibi (15 Southwestern Reporter, 405); it was again reversed November 14, 1891, because the charge on alibi was not sufficient (30 Texas Criminal Appeals, 342); and it is again before us.

1. Appellant complains that the court erred in permitting the witness Stokes to reproduce the testimony of P. F. Breeden, a deceased witness, who testified on a former trial. We think there is…