Ashcraft v. State

WOODLEY, Judge.

Appellant was convicted of felony theft under an indictment charging the theft of 71 sacks of cottonseed meal, of the value of $4.00 each, and of the aggregate value of $284.00 from the possession of John Lackey, the alleged owner.

Eugene J. Schmidt was the owner of a cotton gin in the town of Rosebud, and in his absence, John Lackey was in charge of the gin plant. The cottonseed meal was actually owned by Schmidt and was stored in the gin building, to be sold and exchanged in connection with the business of the gin.

Mr. Schmidt was properly permitted to testify as to the market…