Heath v. State

Plaintiff in error, hereinafter called defendant, was convicted in the district court of Stephens county of the crime of grand larceny, and his punishment fixed by the jury at imprisonment in the penitentiary for one year and one day.

For the purpose of disposing, of this appeal, it will only be necessary to consider one question, viz., that the court erred in failing to give instructions requested by the defendant upon the theory of his defense based on the assumption that his testimony is true.

The evidence of the state was that the officers with a search warrant found the stolen property in…