State v. Bowman

The opinion of the court was delivered by

Burch, J.:

The defendant was convicted of larceny of thirty-three head of cattle, and appeals.

What we are accustomed to call “the merits of the case” are not involved. There are none. In February, 1913, the defendant pleaded guilty to stealing a carload of cattle, and was sentenced to the penitentiary. The trial judge, in his statement made for the information of the penitentiary officials, said the defendant had “an irresistible inclination to steal cattle.” In August, 1915, the defendant was paroled, on condition he kept out of the particular cattle…