Castleberry v. State

CHRISTIAN, Judge.

The offense is theft of hogs; the punishment, confinement in the penitentiary for two years.

Jack Tubbe testified that about the 7th of February, 1936, some of his hogs were stolen from their accustomed range. The proof on the part of the State was to the further effect that appellant and others killed and butchered said hogs. Appellant testified that the hogs belonged to his brother, Charlie Castleberry, or. to his mother. He introduced witnesses who gave testimony supporting his affirmative defense.

Before appellant took the witness stand his attorney presented to the court a…