
    STUBBLEFIELD v. STATE.
    No. 18414.
    Court of Criminal Appeals of Texas.
    June 3, 1936.
    Rehearing Denied June 26, 1936.
    Robert. B. Smither, of Huntsville, for appellant.
    Lloyd W. Davidson, State’s Atty., of Austin, for the State.
   MORROW, Presiding Judge.

Theft of cattle is the offense; penalty assessed at confinement in the penitentiary for two years.

The state’s attorney before this court accurately portrays the record: According to the appellant’s confession, introduced in evidence by the state, a cow belonging to the injured party came on to his premises. He killed her, dressed the carcass, and attempted to dispose of the meat by selling it. He hid the hide and head and certain other parts. As a result of this confession, the hide and head were found and identified. The injured party testified that the property or cow was taken without her consent.

Appellant did not testify as a witness in his own behalf. It was his defensive theory that he should be acquitted because after the cow had been stolen he had made restitution to the injured party by paying her therefor.

The motion to quash the indictment because it used the term “one head'"of cattle” was properly overruled. See Branch’s Ann.P.C. § 2552.

The judgment is affirmed.  