Carroll v. State

GRAVES, Judge.

Appellant was convicted by a jury of theft of cattle and given two years in the penitentiary.

The facts herein are rather peculiar. Appellant was charged with having stolen one head of cattle from Frank Carroll, whom the testimony showed was his brother. It is also in evidence that on August 12, 1940, appellant was apprehended in Austin with four head of cattle in his possession. When such possesison was challenged, he claimed to have gotten them at Lockhart, but upon telephone inquiry to that point his explanation was found to be false. He then signed a written confession which…