Poole v. State

BRICKEN, Presiding Judge.

The former opinion in this case is withdrawn, and held for naught, the defect in the transcript, upon which said opinion was based, has been regularly corrected. We shall now consider and determine this appeal upon the merits of the case as here presented.

The record discloses that this appellant, Wyatt Poole, and one Will Lewis, were jointly indicted for the offense of grand larceny, in the first count, in that they feloniously took and carried away two mules, the personal property of J. M. Toomey. The second count in the indictment charged that the same two…