Eversole v. State

BETHEA, Judge.

The appellant was convicted of the offense of cattle theft and sentenced to four years in the penitentiary.

The facts show that at the time appellant was arrested he, together with others, was engaged in butchering a cow belonging to the Rowland Mason Company, a partnership composed of Rowland Mason and I. Gross. The cow was identified as the property of said Rowland Mason Company by state’s witnesses J. H. Rhodes and Graves Peeler.

The appellant defended on the ground that the cow he is charged with having stolen was the property of Howard Smith, an employe of his; that Howard…