Berdell v. State

ON REHEARING

May 5, 1920

LATTIMORE, Judge.

In his motion for rehearing, appellant lays much stress upon the fact, as claimed by him, that the record presents no sufficient evidence that the wagon in question was taken by any one. The facts show beyond question that the wagon was in the alley adjacent to appellant’s premises on August 1st; the owner testified that he saw it there then;—also, that said wagon was gone on August 10th thereafter. About the latter date, Puckett, the owner, began hunting for it, and went to appellant’s place and asked him where it was. Receiving no reply, and actuated…