Koch v. State

MORROW, Presiding Judge.

The offense is theft; punishment fixed at confinement in the penitentiary for a period of two years.

The appellant and one Robert Wells were jointly indicted and jointly tried. Each entered a plea of guilty and made an application for a suspended sentence. The sentence of Wells, was suspended,' but the jury declined to suspend that of the appellant. The record is without a statement of facts with reference to the incidents of the offense.

From a bill of exceptions it appears that touching the application for a suspended sentence, the mother of the appellant testified…