Clark v. State

MORROW, Judge.

Appellant was indicted for the theft of a buggy of over the value of $50 and convicted of a misdemeanor theft and his punishment fixed at a fine of $350 and six months confinement in the county jail.

Joe Eahanek and Adolph Tiemann were by separate indictments charged with receiving and concealing the stolen property. Appellant sought to have Adolph Tiemann and Joe Kahanek put upon trial before his own trial and to this end made a timely motion for a severance, filing his affidavits in compliance with article 737 of the Code of Criminal Procedure. Tiemann and Kahanek consented to…