Hicks v. State

Carley, Judge.

Appellant appeals from his conviction of theft by taking.

1. Appellant was jointly indicted and tried with two co-defendants. All three defendants had been present at the scene of the theft. While the actual seizure of the property had been perpetrated in the front of the store by one of the co-defendants, appellant was at the back engaging a store employee in “dumb” conversation concerning merchandise. During the subsequent investigation of the crime the police found “an automobile that might be connected with this case.” The automobile was impounded and inventoried. In the…