Higginbotham v. State

HARRIS, Judge.

Omitting the formal parts, the indictment upon which appellant was put to trial is as follows:

“The Grand Jury of said county charge that before the finding of this indictment Roscoe C. Higginbotham, whose name is to the Grand Jury otherwise unknown, feloniously took and carried away forty (40) cows or animals of the cow kind, the personal property of D. S. Hagood, Jr., against the peace and dignity of the' State of Alabama.”

Appellant was convicted of cattle theft as charged in the indictment and was sentenced to eighteen (18) months in the penitentiary.

At arraignment and…