Elmore v. State

HARPER, Judge.

Appellant was prosecuted and convicted of theft of cattle, and his punishment assessed at three years confinement in the State penitentiary.

Clyde Smith testified that he, Dennis Kemper and appellant killed the beef, and just before starting to go and get it, they were discussing the matter in the presence of his wife. He details a conversation that took place between himself, his wife and appellant in regard to the theft of this animal. His wife also testifies to this conversation. As appellant was present, took part in it, and said there was no danger of getting into trouble as…