Smith v. State

OPINION

ONION, Presiding Judge.

This appeal arises out of a conviction for embezzlement over the value of $50.00 with the punishment being assessed at 5 years.

The trial was before the court upon a plea of not guilty after waiver of trial by jury.

The indictment charged the appellant had embezzled “279 head of goats, of the total value of $1,795.70” “on or about the 22nd day of July A.D., 1969.”

At the outset appellant, without citation of authority, contends the “judgment is contrary to the law and evidence presented at the trial.”

The record reflects that approximately three weeks before the date…