White v. State

DAVIDSON, Judge.

This is an appeal from a conviction for theft of casing pipe, with punishment assessed at two years in the penitentiary.

The indictment alleged ownership of the pipe jointly in L. H. Armer and Vernon Bottom, Armer being the actual owner and Bottom, the special owner. Want of consent to the taking was alleged in both.

Upon the trial of the case, Bottom testified. We have examined the statement of facts with care, and agree with the appellant that nowhere therein did he testify that the pipe was taken without his consent.

Armer was shown to reside in Fort Worth, Texas. He did not…