Burrows v. State

CHRISTIAN, Judge.

The offense is theft; the punishment, confinement in the penitentiary for two years.

The State relied upon circumstantial evidence to show that appellant stole a trailer and four hundred pounds of seed cotton from Luther Poe.

Appellant did not testify in his own behalf. According to the version of his wife, appellant was at home on the occasion it was alleged that the property was stolen.

The proof on the part of the State showed that the theft was committed on the night of September 11, 1934. Upon cross-examination the State asked appellant’s wife if she had not stated to A. J.…