Fuller v. State

PRICE, Judge.

Appellant was charged by indictment for a violation of Title 14, Section 106, Code 1940. He was tried by the court without a jury, was convicted and sentenced to the penitentiary for a term of two years.

The only evidence offered by the State was the testimony of the prosecuting witness, William Marino, who testified that on January 14, 1954, defendant came to his home between six and seven o’clock in the evening and witness left with defendant in his automobile to help him get some logs for which he was to be paid by defendant. After they had driven for some distance, defendant…