Olaf & Anderson v. State

MORROW, Presiding Judge.

Conviction is for theft; punishment fixed at confinement in the penitentiary for a period of two years.

Two mules and two horses were stolen. The evidence is sufficient to support the finding of the jury that the appellants committed the offense.

In the motion for new trial, there is an averment to the effect that the members of the jury discussed the failure of the appellants to testify and used that fact against them in deciding to'refuse to recommend a suspension of the sentence. Evidence was heard in support of this phase of the motion, but unfortunately, the bill of…