Stoudenmire v. State

McCORD, Judge.

Appellant was convicted in the court below of theft of property under the value of $50 and his punishment assessed at a fine of $40 and twenty days in jail.

1. In the trial of the case in the court below the proof showed that on the night of the 28th day of March, 1909, in the town of Wills Point, the appellant, in company with several other parties, one of whom was the prosecuting witness, Jim Simpson, had a bottle of whisky and that they had taken several drinks; that after strolling around the streets awhile they went to Lemay’s restaurant to get something to eat; that while…