Coy v. State

CHRISTIAN, Judge.

The offense is theft of horses; the punishment, confinement in the penitentiary for two years.

A former appeal is found reported in 131 Tex.Cr.R. 489, 100 S.W.2d 1016. Upon ■that appeal it was shown that the indictment charged appellant with knowingly receiving and concealing stolen horses. We concluded that the testimony showed the appellant was guilty of theft and not as a receiver of stolen property. We quote from the opinion, as follows:

“According to the testimony of the State, Federico Saenz, Jose Gonzalez, and others went to the pasture of O. M. Kenyon on the 8th of…