Smith v. State

DATIDSOU, Pbesidixg Judge.

The first count of the indictment charges appellant with having committed a theft of three hundred and forty pounds of brass of the value of $70, and in the second count with having received some three hundred and forty pounds of brass knowing it to have been stolen.

Appellant relies upon one proposition for reversal, to wit: the refusal of the court to charge the jury that it was necessary as a prerequisite to the conviction that the State should prove that the entire amount of three hundred and forty pounds of brass was stolen as alleged, and that if a less amount…