Overton v. State

Moore, Associate Justice.

Appellant has been convicted and adjudged to imprisonment for five years in the penitentiary for theft of a mule, charged in the indictment to be the property of Maria Overton, who was, as is shown *617by. the record, his wife at the date of the supposed theft, as well as at the time of the trial.

It appears from the statement of facts that shortly before the alleged theft appellant and his wife had separated, and she had caused him to be arrested for an assault upon her. After their separation and before appellant’s arrest, Ms wife, as she testifies, delivered the mule to…