Gunter v. State

KRUEGER, Judge.

The conviction is for the theft of cattle. The punishment assessed is confinement in the State penitentiary for a term of two years.

This is the second appeal of this case. The opinion delivered by this court on the first appeal will be found reported in 150 S. W. (2d) 1037, (142 Texas Crim. Rep. 87) where the salient facts are set out. The testimony adduced on the trial of this case from which this appeal is prosecuted does not differ materially from that presented at the former trial. Hence we do not deem it necessary to here set out a summary of the testimony.

The only…