Cox v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

Appellant, in his motion for. rehearing, for the first time, insists that the evidence fails to affirmatively show that the hogs were taken without the consent of the owner, and that, therefore, it is insufficient to support the conviction. The proof shows that the hogs belonged to Brown and that Archie Cone was the special owner, he having the care, control and custody thereof. Such allegation of ownership in Cone was authorized.

Cone testified.as a witness in behalf of the State. He repeatedly referred to his having “missed the hogs,” and to the hogs…