Hutto v. State

Two counts are contained in the indictment in this case. One is for wilfully taking into possession and driving cattle from their accustomed range, without the consent of, and with intent to defraud, the owner, it being framed under art. 2410b, Paschal’s Digest; and the other an ordinary count, simply charging the theft of the cattle.

On the trial, the district attorney dismissed or nolle prossed the first count, and the defendant was only held to answer to the second, for theft. The court, in its charge to the jury, only submitted the law applicable to theft, and no special or additional…