George Hamilton v. State

ON STATE’S MOTION FOR REHEARING.

HAWKINS, Judge.

Upon original submission, we were somewhat doubtful whether the evidence showed that the oats sold by appellant the day following the theft corresponded substantially with the quantity of oats stolen. The State’s written argument in support of its motion for rehearing directs our attention to certain parts of the testimony which in large measure clears the question up.

Albert Wagley, the owner of the stolen oats, testified on direct examination that the amount of oats taken were “approximately one hundred bushels * * * I do not know the exact…