Hayes v. State

OPINION ON APPELLANT’S MOTION FOR REHEARING

ONION, Presiding Judge.

On rehearing appellant complains that this court failed to give due consideration in our original opinion to his contention that the evidence was insufficient to show the ownership of the cattle was in Larry Carver as alleged in the indictment.

The record reflects that the actual owner of the 30 head of cattle was Benny Lippold. He testified he left such cattle with the Hulett-Carver Feed Lot to be fattened.

Larry Carver testified he was a partner in the feed lot operation and manager thereof at the time in question, and that the…