Gomez v. State

PRENDERGAST, Judge.

Appellant was convicted of cattle theft and assessed the lowest punishment.

The indictment was in two counts. The first alleged the theft of three head of cattle by appellant on or about May 20, 1914, in Jim Hogg County from the owners, Manuel Guerra and Ploratio P. Guerra. The other count alleged the fraudulent receiving of said cattle from some person to the grand jurors unknown. The court submitted solely the first count. He did not submit the second count for a finding at all, but peremptorily instructed the jury to find him not guilty on that count.

The alleged owners…