Newton v. State

HARPER, Judge.

Appellant was indicted, tried and convicted of theft and sentenced to two years confinement in the State penitentiary. This is the second appeal in this case, the judgment of this court on the former appeal being reported in the 62 Texas Crim. Rep., 622, 138 S. W. Rep., 708, in which will be found a statement of the case.

On this trial, in his first bill of exceptions, appellant complains that when the district attorney asked T. B. Roberts: ’ “How, at the time you first went to the gin, what time of day was that?” the court asked, “Which gin ?” It appears from the record that the…