Girvin v. State

MARTIN, Judge.

— Offense, felony theft; penalty, five years in the penitentiary.

Witness Roy Porter had an 'automobile stolen from him and a short time thereafter the car was found in possession of appellant and identified by its number. When found in possession of the car by the Sheriff and asked if he claimed the car, he answered that he did and presented a bill of sale to same. This testimony was objected to because given while the appellant was under arrest. The facts show that it was made contemporaneously with his arrest at a time when his possession was first being directly challenged…