Skinner v. State

PRENDERGAST, Judge.

Appellant was indicted, in two counts, —the first charging that he did unlawfully break, pull down and injure the fence of P. C. Matthers without his consent. The other charges theft of wire from said Matthers of the value of $1. Both counts were submitted to the jury for a finding by the court. The jury by its verdict found him guilty of theft under the second count and assessed his punishment at a fine of $25 and one day in jail.

No motion whatever was filed in the lower court, other than a motion for new trial. The questions raised by that motion are also presented by…