State v. Lusher

CLARK, Chief Judge Presiding.

Murl Lusher was convicted by a jury of the offense of receiving stolen property and was sentenced to a term of three years. On this appeal, the sole point of error contends no submissible case was made.

The incident leading to prosecution of appellant was the theft from one Fraser of a number of fence posts. Testifying for the state, Fraser described a meeting with appellant in which appellant’s assistance was enlisted to recover the posts. At the time, Fraser did not suspect appellant of stealing the posts but believed appellant would be able to learn who the…