Waldrop v. State

The indictment in this case contains two counts, the first charging that Hubert Waldrop, plaintiff in error in the instant ease, and Ben Cook committed simple larceny, and the second that the same parties were guilty of receiving stolen goods, under section 168 of the Penal Code (1910). Both counts of the indictment have reference to the same transaction. Cook was convicted of simple larceny under the first count, and, later, Waldrop was *850convicted of receiving stolen goods under the second count. Waldrop’s exception is to the judgment overruling his motion for a new trial.

The second count of…