Kleinschmidt v. State

This is a proceeding in error to the district court for Cedar county. Peter P. Kleinschmidt was convicted of *578stealing some pigs from a man by the name of Bacon who lived several miles from the home of the accused. He was given one year in the penitentiary. When this case was argued and submitted, only three assignments of error appeared in the brief of plaintiff in error. Since that time he has been permitted to file another. Only the last error assigned will be considered, the other three being undeserving.

The accused went on trial for stealing 20 pigs belonging to Bacon. On a day stated,…