WOODLEY, Judge.
The appeal is from a conviction for the offense of cattle theft, a jury having assessed the punishment at three years confinement in the penitentiary.
W. A. Gambrell was the owner of some nine head of mixed cattle which were being pastured in the Joe How pasture held under lease by said W. A. Gambrell. The pasture was located in Milam County, but both appellant and Gambrell resided on their respective lands in Williamson County.
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