Burnett v. State

HARPER, Judge.

Appellant was jointly indicted with Dave Havard, charged with the theft of one head of cattle, the property of Fred Dearmond; a severance was granted and appellant placed on trial.

Appellant testified in the case and admitted assisting Dave Havard in killing a cow, at the time and place charged, hut says he was employed by Havard to assist him (Havard) in killing the cow; that Havard represented to him that it was his (Havard’s) cow, and he, appellant, believed it to be Havard’s cow; that the cow killed was branded “D” on right hip. We think the record would authorize the jury to…