Rich v. State

MORROW, Presiding Judge.

The offense is theft; penalty, confinement in the penitentiary for a period of two years.

The appellant stole an automobile of the value of $75.00. The car was recovered a few moments after the theft. A plea of guilty was entered. Appellant made no proof upon the trial except that he was 37 years of age; that he was a hard-working man; that he had been a soldier but had been discharged from the Army on account of being disabled.

In the motion for new trial there was set up the fact that the appellant was of such low mentality as rendered him incapable of distinguishing…