McElroy v. State

DAVIDSOH, Prestdtyg Judge

(dissenting).—I am fully pursuaded the motion for rehearing should be granted, the affirmance set aside, and the judgment reversed. There is no fact in the record which shows or tends to show that appellant was ever in possession of the alleged stolen horse except the evidence of the witness Dunn, who, in substance, states that about midnight or a little thereafter, in the town of Yoakum, he assisted appellant and another party, Hoffernik, whom he denominates a “boy,” in driving a horse from the street into a lot or wagon yard, where the horse was caught and the boy…