Trevenio v. State

DAVIDSON, Presiding Judge.

Appellant horse theft. The alleged owner, Bump, testified, he saw three Mexicans passing through his lot on Sunday evening prior to the theft of his horse on the following Tuesday night; that one of these looked like defendant, but he would not swear it was defendant. The objections urged to this testimony were, its immateriality, irrelevancy, the opinion of witness, no part of the res gestas, failed to connect defendant with the theft, and was calculated to prejudice appellant’s case and further that it failed to identify appellant. We believe the testimony was…