Cain v. State

CATES, Presiding Judge.

Cain appeals from a conviction of receiving a stolen lawn mower. The trial judge sentenced him to eight years in the penitentiary. Code 1940, T. 14, § 338.

An admitted thief testified that he stole the lawn mower by taking it from the owner’s front porch. He then took it to Cain who paid for it with two dollars cash and twenty amphetamine pills. The State brought in other evidence to corroborate this testimony.

On appeal defense counsel argues that the value of the machine, alleged in the indictment to be $50.00, was not established. Value in our larceny and related…