Smith v. State

MORROW, Presiding Judge.

Receiving stolen property is the offense; punishment fixed at confinement in the penitentiary for a period of two years.

The subject of the theft was a part of a sulky plow, the parts omitted being a mold-board and thribble tree. At the time the plow was taken it had been used.

It is the theory of-the State that Barney Smith, a brother of the appellant, had stolen the plow and that the appellant, knowing it to be stolen, received and concealed it.

According to the appellant’s theory, as developed from his testimony, when he became aware that his brother had stolen the…