Sherfield v. State

Elbert Sberfield, defendant (plaintiff in error), was charged in the district court of Choctaw county with the crime of larceny of livestock; was tried before a jury, convicted, and his punishment fixed at five years in the State Penitentiary. Appeal has been perfected to this court by transcript.

The transcript discloses that prior to the conviction appealed from, defendant had been convicted of the charge in question in the same case on December 5, 1950, with punishment fixed at three years in the State Penitentiary, but on hearing of motion for new trial filed by the defendant, the court…