Smart v. State

ON MOTION FOR REHEARING.

CHRISTIAN, Judge.

The record having been perfected, the appeal is reinstated and the case considered on its merits.

A Buick automobile belonging to F. C. Barnhill was taken from the Methodist Church in the town of Silsbee without the owner’s consent. The car was found on the same night approximately two miles from town on a road leading into the main highway between Silsbee and Spurger. The car was headed in the direction of this highway. Several witnesses testified to having seen appellant and another man in the car. Appellant testified that he was walking along a…