Mickey v. State

DAVIDSON] Presiding Judge.

This conviction is for theft of cattle, the punishment being fixed at two years confinement in the penitentiary.

The court charged the jury as follows: "In this case the State has introduced the evidence tending to prove the theft of other property than that alleged in the indictment to have been stolen at the same time and place. You are instructed that you can only consider such testimony for the purpose for which it was admitted; that is, to establish,” etc. Various grounds of objection are urged to this charge. These are well taken under the following cases: Reese…