Banks v. State

MORRISON, Judge.

The offense is cattle theft; the punishment, five years.

The Ramming ranch, under the control of E. A. Ramming, adjoined that of L. P. Eakin. The witness Gardzelik, brother-in-law of Eakin, farmed some of Eakin’s land and was familiar with the kind, description and brand of his (Eakin’s) cattle. On or about October 10, 1951, Gardzelik saw a large black steer which he recognized as belonging to Eakin “over in the Ramming pasture.” On the following day, the witness told Eakin of seeing his steer in Ramming’s pasture. He did not, however, see the steer again.

The witness Burden,…