State v. McCartney

McCartney (defendant) and James Johnson ran a cattle-sharing arrangement where Johnson's cows grazed on McCartney's leased land, with branded calves sold each fall and profits split. Months after the arrangement ended, a stray cow bearing Johnson's brand turned up on neighboring land. McCartney sold the cow to a company president, forging Johnson's name as seller and drawing a brand similar to, but not matching, Johnson's actual brand. The buyer later discovered the brand discrepancy, and Johnson confirmed he never sold the cow. McCartney was convicted of felony theft and felony forgery after a bench trial and appealed, arguing the State never proved he actually possessed or delivered the cow.