Witt v. State

DAVIDSON, Judge.

The conviction is for the substantive crime of conspiracy to commit felony theft; the punishment, two years in the penitentiary.

The count in the indictment upon which the conviction was predicated charged, in effect, that appellant, Dean Hambrick, and Felix Haler entered into a conspiracy, in Gaines County, to steal, from W. H. Castleberry, corn of the value of $854.50.

The State dismissed as to Haler and used him as a witness. The case was submitted to the jury upon the theory — and the jury was so instructed — that appellant’s guilt depended upon facts showing a conspiracy…