Burns v. State

Deen, Presiding Judge.

Herbert E. Burns was indicted for theft by taking and theft by receiving stolen property. He was tried by a jury and convicted on the second count and received a ten-year sentence; five years to be served in a state penitentiary and five years on probation. He was also fined $750 to be paid during the term of probation.

1. He contends that the trial court erred in allowing the testimony of a state’s witness over his objection because the witness’ name was not furnished along with the list supplied by the state at the time of arraignment and that the trial court erred in…