Underwood v. State

This is an appeal from the district court of Delaware county wherein the plaintiff in error, Tom Underwood, hereafter referred to as defendant, was convicted of stealing two steers, the property of one George Franklin, and sentenced to serve a term of two years in the state penitentiary. From the judgment rendered against him he has appealed to this court, and assigns several errors, which will be considered in the order presented in the brief. '

It is first contended that Gf. W. Goad, who filed the information in the trial court as county attorney of Delaware county, was not the duly elected…