Smith v. State

BRICKEN, Presiding Judge.

This appellant, defendant below, was tried and convicted upon an indictment which charged that “he feloniously took and carried away one cow, an animal of the cow kind, of the value of $12.00, the personal property of Mandy Robinson.”

All of the .testimony upon the trial described the animal alleged to have been stolen as a “bull yearling”.

The defendant requested, in writing, the general affirmative charge, which the court refused.

We are of the opinion the court erred to a reversal in refusing said charge. Under all the evidence the defendant was clearly entitled to a…