Evans v. State

ON appellant’s motion for rehearing.

DAVIDSON, Judge.

The testimony of the accomplice witness Roach showed that appellant approached him with the idea of stealing the cattle and selling them to the appellant, and that the theft and delivery of the cattle was in accordance with that idea.

Appellant insists that such testimony showed appellant guilty of a conspiracy to steal the cattle and in such a manner as to constitute him a principal to the theft of the cattle, thereby precluding his conviction of receiving and concealing stolen property.

That one may not be guilty of receiving and concealing…