Hustead v. State

ON REHEARING.

June 13, 1923.

HAWKINS, Judge.

— Appellant has supplemented the record, and now raises a question which was in no way presented upon the original submission.

The second count of the indictment charged that C. A. McDonald, Terry Ballihorn, R. W. Burlsmith, Adolph Michna, George Hustead (appellant), Arthur Roberts, B. F. Beal, Ernest Tallen and Freddie Bishop, conspired to commit felony theft. At the April term of court, 1921, Hustead McDonald and Michna entered pleas of guilty. At the December term, 1921, the State dismissed as to Beal and Ballihorn. The record is silent as to…