Davidson and Thompson v. State

BROOKS, Judge.

Appellants were convicted of theft of one head of cattle, and the punishment of each assessed at confinement in the penitentiary for a term of two years, and they appeal.

In bar of the prosecution, they rely upon their pleas of former acquittal and conviction. The first ground of the motion for new trial is “that the verdict of the jury is contrary to the evidence, in this, to wit, the testimony showed clearly that the defendant had been tried and convicted in Limestone County.” The second ground is “that the testimony of the defendant was uncontradicted, and showed that the…