Howell v. State
Howell v. State
Opinion of the Court
William Howell and Bob Howell, this appellant, were jointly indicted for the theft of a yearling. A severance was had at the trial, upon application of this appellant, and he was first placed upon trial and convicted. Subsequently William Howell was tried and acquitted.
. This court is further of opinion that, in view of the meagreness of the inculpatory evidence adduced against the defendant, a new trial should have been awarded him in order that he might have had the benefit of the testimony on another trial of his co-defendant, William Howell, who had been tried for the same offense and had been acquitted subsequent to appellant’s conviction.
The judgment is reversed and the cause remanded for a new trial.
Reversed and remanded.
Case-law data current through December 31, 2025. Source: CourtListener bulk data.