Elliott v. State

LATTIMORE, Judge.

— Appellant was convicted in the District Court of Grayson County of theft of cattle, and his punishment fixed at confinement in the penitentiary for two years.

It was alleged that the theft took place in Grayson County, Texas. The defense seems, in part at least, to have been that if the theft was committed by appellant, but the animal in question was taken in Cooke County, Texas, or in Oklahoma, or if the jury should so conclude, he should be acquitted. Special charges were asked and refused as follows:

“Unless you believe from the evidence in this case beyond a reasonable…