Davis v. State

RICE, Judge.

Appellant was convicted of the offense of grand larceny and his punishment fixed at imprisonment in the penitentiary for the term of three years. Code 1928, Sec. 4905, Code 1940, Tit. 14, § 331.

It was alleged in the indictment, and the State’s evidence tended to show, that he “feloniously took and carried away one 6 horse Stover engine, of the value of $50.00, the personal property of Garland Thompson.”

Garland Thompson, as a witness for the State, on the trial, identified positively an engine found in Loyd Frasier’s Junk Yard as the one taken from him.

Testimony on behalf of…