This section contains the nature of the case and procedural background.

McCartney (D) entered into an agreement with Johnson to split the profits of a cattle ranching endeavor. D would receive a portion of Johnson's yearly calf production in return for letting cows graze on D's leased lands. The agreement ended in 1974. One year after the agreement had ended, D's former neighbor found a stray with Johnson's band and asked D if he could buy it. The neighbor believed that the cow belonged to D because it bore Johnson's brand. D agreed to the sale, made out a bill of sale, and signed Johnson's name as seller with his own name as witness. D then drew a brand on the bill of sale that was similar to Johnson's brand. D never told Johnson about the transaction, but when the cow was sold at market Johnson was notified. D was charged with theft and forgery. D was convicted of theft and appealed; D claimed there was no taking and carrying away of the cow.

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