Smith v. State

MORROW, Presiding Judge.

Conviction is for the theft of an automobile; punishment fixed at confinement in the penitentiary for five years.

We find no occasion to state the facts, suffice it to say that they support the conviction.

Two exceptions to the charge appear: the first referring to accomplice testimony, which was completely met by the reading to the jury of appellant’s special charge; and the second relating to an instruction warning the jury against finding a verdict by lot. This practice has been approved; and in the present procedure we find no departure from precedents. Driver v.…