Brusenham v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

In his motion for rehearing appellant earnestly insists that the evidence is insufficient to support the averment in the indictment that the stolen property was received from some person to the grand jurors unknown. The statement of facts discloses that the witnesses who testified on the trial did not know from whom appellant received the property. A. M. Sibley, who, according to his testimony, discovered the tongs in appellant’s possession shortly after the theft, was unable to state the name of the person from whom appellant had received the property.…