Russell v. State

BROOKS, Judge.

Appellant was convicted of theft, and his punishment assessed at a fine of $100 and ten days in jail.

The fourth ground of the motion for new trial complains the court erred in refusing charge No. 1, in which defendant asked the court to charge the jury to acquit the defendant for the reason that the evidence showed that the alleged stolen bicycle at the time it was missing was not in the possession of the owner, W. W. Hill, but was in the possession of his brother, and there was no evidence that his said brother had not given his consent to the alleged taking. The prosecuting…