152 S.W. 909 | Tex. Crim. App. | 1912
Appellant was convicted of theft of one head of cattle, and his punishment assessed at two years’ confinement in the penitentiary.
The third special charge was fully covered by the court’s main charge. We have discussed these propositions, although it was wholly unnecessary to do so, as they are not presented in the motion for a new trial in a way to bring them before us for review. Byrd v. State, 151 S. W. 1068, decided at the present term of court. The evidence fully supports the verdict, for the theft was complete when the animal was taken from its accustomed range and tied in the woods where appellant and others went and subsequently butchered it. It is immaterial in this ease who sold the beef. The evidence might raise the question that others were principals in the offense, or that Moore was an accessory, but it would not in any way suggest that any person other than appellant was connected with the original' taking.
The judgment is affirmed.