Smith v. State

DAVIDSON, Judge.

Appellant was convicted of cattle theft, his punishment being assessed at two years in the penitentiary.

There are no hills of exception in the record. The State contends that appellant sold the animal in question. This is conceded by appellant. Appellant’s contention is that he had authority from the Richardsons to sell the calf in question, and for which they paid him. This is denied by the Richardsons. They claim they had authorized him to sell one yearling, but not the calf in question. Appellant sold two for which he received the money. We are of opinion the jury was…