Mueller v. State

CALHOUN, Judge.

Under an indictment charging a felony theft, the appellant was convicted of a misdemeanor theft, and his punishment was assessed at three months in jail and a fine of $500.

The state offered witnesses who testified that the water pump, which was the property alleged to have been stolen, belonged to Gilman and Heltszel and that at the time the water pump was stolen, it was located on Matthew’s lease near Murry, Texas. The state offered as a witness one E. E. Webb, who admittedly was an accomplice. He testified in substance that he and appellant went to the Matthew’s lease and…