Luna v. State

Upon an information charging R. S. Luna, Fred Luna, A. W. Clinton, Cleasey Clinton, and Roy Miller with the larceny of a steer, the property of Walter White, in Cherokee county on or about the 23d day of September, 1935, the defendants R. S. Luna and Fred Luna were jointly tried. The jury returned verdicts finding defendant Fred Luna not guilty, and finding, defendant R. S. Luna guilty, but failed to agree upon the punishment. His motion for a new trial was overruled February 1, 1936, and the court sentenced him to serve a term of four years in the state penitentiary.

To reverse the judgment,…