Payne v. State

'Ward, J.

Appellant, Barney Payne, and Artie Bell were charged in an information filed May 17, 1954, with the crime of grand larceny in that they did on February 5, 1954, unlawfully and feloniously take, steal and carry away $3,000.00, the property of Woodrow Kelly. There being a severance, Barney was tried on June 21, 1954, and was found guilty. His punishment was fixed by the court at nine years in the penitentiary.

The testimony, which we are at liberty to view in the light most favorable to the State, shows: The prosecuting witness, Woodrow Kelly, operated a grocery store north of Kector,…