Lindsey v. State

MORROW, Presiding Judge.

The offense is theft; punishment fixed at confinement in the penitentiary for a period of two years.

A statement of the evidence heard is not before this court. In the absence of such a statement it is not possible to appraise the bill of exceptions complaining of procedure, unless in the bill there is embraced sufficient evidence to make it plain that an error which necessarily prejudiced the appellant’s case was committed. The complaint is that the court instructed the jury that the witness, Charlie Still, was an accomplice. The criticism is that such a charge implies…