Mathis v. State

HAWKINS, Judge. —

Conviction is for receiving stolen property, punishment being five years in the penitentiary.

The first count in the indictment charged appellant with the theft of an automobile from Rushing in Kaufman County. The second count charged that appellant received said automobile from some person unknown to the grand jury, knowing it to have been acquired by theft. Conviction was under the second count, the first not having been submitted.

Rushing lived in Terrell, Kaufman County, Texas. On the night of December 16, 1936, his automobile was stolen from his home in Terrell. He missed…