Benson v. State

McMurray, Presiding Judge.

Defendant was indicted, along with another, for the offense of theft by taking in that they did on a certain date take $400 in U. S. currency from a business with the intention of depriving the owner of said property. The co-defendant later pleaded guilty.

Defendant was tried, convicted and sentenced to serve a term of 10 years, that is, eight years in confinement and.the balance to be served on probation. A motion for new trial as thereafter amended was filed and denied, and the defendant appeals. Held:

1. The evidence discloses that the defendant and the co-defendant…