T. C. Newcomb v. State

KRUEGER, Judge.

— Appellant was convicted of theft of property over the value of $50.00; and his punishment was assessed at confinement in penitentiary for a term of two years.

On a former day the judgment of conviction was reversed and the cause remanded because we were of the opinion that the trial court erred in failing to respond to appellant’s request for an affirmative instruction to the effect that in case the jury should find and believe that appellant lawfully acquired possession of the alleged stolen cotton seed and later formed a fraudulent intent to deprive the owner of the value…