Whitehead v. State

KRUEGER, Judge.

The offense is theft of property over the value of fifty dollars. The punishment assessed is confinement in the state penitentiary for a term of five years.

Appellant’s first complaint relates to the court’s action in overruling his application for a severance to first try O. J. Fletcher, who was then under indictment for an offense of like nature growing out of the same transaction as that for which the appellant was indicted. The record shows that O. J. Fletcher was not in attendance at court; that he had not been arrested but was supposed to be in the State of Oklahoma. Under…