Rountree v. State

HAWKINS, Presiding Judge.

Conviction is for theft, punishment being two years in the penitentiary.

The State’s evidence makes out the following case. Jones and Anderson owned a dairy. Newt Rountree, a brother of appellant, was manager of the dairy. Newt’s son, Eugene Rountree, was a boy about 15 years old, a nephew of appellant.

The testimony of Eugene Rountree is substantially as follows: He met his uncle (appellant) in Austin, who made inquiry of Eugene as to whether he had any calves to sell. Upon being told that Eugene had none to sell appellant asked Eugene if he would tie up one of the…