Summers v. State

HEHDERSOH, Judge.

Appellant was convicted of theft from the person, and his punishment assessed at two years confinement in the penitentiary.

By his first bill of exceptions appellant calls in question the action of the court in permitting the State to prove by the witness Ed Johnson that defendant gave him $4.75 in silver some time during the night of the alleged theft. This was objected to on the ground that the testimony of Willie Brown, the alleged injured party, showed that the money was in possession of the owner at 12 o’clock, or about that time, not being definitely fixed, on said…