Powell v. State

Appellant was indicted, in the ordinary form, for the theft of one head of neat cattle. At the trial, and upon some'arrangement with the district attorney, the particular terms of which seem not to have been understood alike by the respective parties, the appellant pleaded not guilty to the charge of theft, but guilty to the charge of driving the animal from its accustomed range. The court instructed the jury that this plea was accepted by the district attorney,' and, as there was no evidence before them showing theft, they should return a verdict of not guilty as charged, but guilty of…