Smith v. State

Receiving stolen property is the offense; punishment fixed at confinement in the penitentiary for a period of two years.

The subject of the theft was a part of a sulky plow, the parts omitted being a mold board and thribble tree. At the time the plow was taken it had been used.

It is the theory of the state that Barney Smith, a brother of the appellant, had stolen the plow, and that the appellant, knowing it to be stolen, received and concealed it.

According, to the appellant’s theory, as de-' veloped from his testimony, when he became aware that his brother had stolen the plow and brought it…