Morton v. State

LATTIMORE, Judge.

Conviction for cattle theft; punishment, two years in the penitentiary.

In view of the disposition deemed necessary of this case, we omit discussion of the facts.

Appellant’s witnesses testified that his reputation as a peaceable, law-abiding citizen in the community in which he lived was good. The court charged the jury as follows:

“The evidence as to reputation of the defendant for peace and violence is to be considered by you, if at all, to enable you to pass upon his application for a suspended sentence, and for no other purpose.”

This charge was properly excepted to. It was…