Mixon v. State

I cannot agree that the evidence is sufficient to sustain the jury’s verdict.

*241The indictment charged the theft of “over 100,000 lbs. of milo grain valued at One Dollar and Fifty Cents ($1.50) per hundred weight . . .” from Joe Artho “on or about the 30th day of December A. D., 1970.”'

Artho, General Manager of the Hereford Grain Corporation, testified such organization had three locations for storing grain in Deaf Smith County, one being 15 miles north of Hereford on Highway 385 known as the Farmers’ Corner elevator. He related that there were approximately 400,000 pounds of milo grain stored…