Fiveash v. State

KRUEGER, Judge.

The appellant was tried and convicted of the offense of theft, and his punishment assessed at confinement in the state penitentiary for a term of two years.

The facts proven upon the trial are substantially as follows: On the 25th day of April, 1932, at about seven P. M. Edmund Blanton, a son of J. E. Blanton, and a neighbor boy by the name of Bill' Henry drove a horse and buggy belonging to J. E. Blanton into the town of Santa Anna and tied it to a hitching rack while they participated with other members of the National Guard in drill exercises; that about nine P. M., when they…