Bray v. State

Gould, Associate Justice.

The appellant was convicted of theft of a cow, alleged to be the property of W. J. Hamner. The defendant introduced evidence tending to show that the cow was the property of his father, or that it was taken under the honest belief that such was the case, and not with any fraudulent intent. The court refused to give a charge asked by the defendant, to the effect that if the cow was taken under an honest belief that she was the property of his father, defendant would not be guilty of theft, though he was mistaken in his belief. The instruction given on the subject is as…