Carnes v. State

The conviction is for theft of cattle and the punishment assessed is confinement in the State Penitentiary for two years.

The only contention which appellant makes is that the evidence is insufficient to sustain his conviction by reason of his claim of the owner's consent to the taking of the cattle.

The record shows that sometime prior to the commission of the offense, the appellant, S. J. Chandler and Albert Godwin had agreed among themselves to steal some of Howell's cattle. Howell was informed by Godwin of the agreement and told Godwin to go ahead and assist in carrying out the agreement…