Putty v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge. —

Either through inadvertence or by typographical error, we said in our original opinion that appellant “kept it (referring to hog he was charged wth stealing) from the time of taking in January, 1931, to that of the trial in 1932.” It appears from the record that the taking was on January 6, 1932, and this trial was on January 27, 1932. The original opinion has been corrected to be in accord with the record.

It is appellant’s contention that under the facts when viewed in the strongest light for the State he is not guilty of theft, and that the finding…