Payne v. State

Marshall, Judge.

Appellant was convicted of the offense of theft by taking and sentenced to 10 years in the state penal system. He appeals from the denial of his motion for new trial on the grounds that: (1) his conviction was based solely on the uncorroborated testimony of an accomplice, (2) the state failed to disclose to the jury an agreement not to prosecute the state’s key witness (the alleged accomplice), and (3) the state’s evidence was circumstantial and does not exclude every hypothesis save that of appellant’s guilt. Held:

1. Appellant was charged with the theft of ten drums of cotton…