Alberty v. State

Tom Alberty, the defendant in the trial court, was by information jointly charged with Leo Bailey and George Siggins; was tried separately, found guilty, and sentenced to serve a term of five years in the state penitentiary. Motion for a new trial was filed, considered, and overruled; and the defendant appeals.

Ed Jones, the prosecuting witness, in substance testified for the state that he had lived in the city of Henry-etta since 1932.

“The defendant came to my house in the afternoon of the 21st day of November, 1934, in company with Willie Elmore and these other parties. Elmore introduced…