Gatewood v. State

HAWKINS, Judge.

Appellant was convicted for the theft of three gallons of gasoline valued at sixty cents, and his punishment assessed at a fine of ten dollars and forty days in jail.

The gasoline was stolen from a pump house belonging to one Bern Everhart. Appellant offered as a witness, Clessie Gate-wood, by whom he expected to prove that witness was with appellant on the night of the theft and that neither appellant nor any other member of their party went into the pump house in question or took any gasoline therefrom. The state objected to said witness testifying on the ground that he was…