McWilliams v. State

Roberts, Chief Justice.

The defendants, William McWilliams, W. T. Prather, and Henry Waltman, were jointly indicted for the theft of “ one steer, said steer being of cattle kind, the property of Cyrus Clendining.” Upon severance McWilliams was put upon his trial and convicted.

The prosecution was dismissed as to Waltman, and he was made a witness for the State against McWilliams on the trial. He testified to the facts that he had been employed by Prather to help him drive the steer from the country to the town of Sulphur Springs ; that there in the night McWilliams was for the first time seen…