Luster v. State

DICE, Judge.

Appellant J. B. Luster and his co-indictees, Jimmie Earl Smith, Joe Louis Trussed and Olenn Glenn Ward, were jointly charged by indictment with the offense of felony theft.

Upon the granting of a severance, appellant was separately tried and convicted and his punishment assessed at confinement in the penitentiary for two years.

The State’s proof shows that on the Sunday afternoon of March 26, 1961, the appellant and his three co-indictees came to a Yearwood Butane Co. station in the town of Fabens and told the attendant in charge they wanted some tires. The four were traveling in…