McAfee v. State

ON STATE’S MOTION FOR REHEARING.

LATTIMORE, Judge.

Responding to the state’s motion for rehearing, we have carefully analyzed the facts of this case.

The issue before the jury ivas the sufficiency of the testimony to identify certain chickens found in appellant’s possession the second day after their disappearance from the premises of Pfrimmer, the alleged owner. Incidentally, another fact issue was the explanation made by appellant of his possession of said chickens. These were both jury questions, and the rule adhered to with uniformity in this state is, — that the court will not disturb the…