Keener v. State

HENDERSON, Judge.

Appellant was convicted of theft of lumber over the value of $50, and his punishment assessed at confinement in the penitentiary for a term of two years; and prosecutes this appeal.

A summary of the facts shows that prosecutor David Peacock was manager of a lumber company yard in the City of Houston known as the Harrell Lumber Yard; that he had in his lumber yard a certain quality of lumber for making doors and sash; it was sawed on one side with a circular saw, and on the other with a band saw, leaving peculiar marks on the lumber by which it could be identified. On the 17th…