McRuffin v. State

MORROW, Presiding Judge.

—The conviction is for theft, a felony; punishment fixed at confinement in the penitentiary for a period of two years.

The appellant, following the procedure prescribed by the statute, preliminary to the trial, filed an affidavit charging that he was under the age of seventeen years. Article 1195, Code of Grim. Proc. After hearing evidence upon this issue, the trial court decided against appellant’s contention.

Appellant, a negro boy, apparently the.bastard son of the daughter of Chas. McRuffin, was born and reared in his grandfather’s house and family. His mother was…