Lunsford v. State

PBEEFDEBGAST, Presiding Judge.

Appellant was convicted for stealing some seed cotton.

The evidence was wholly circumstantial and was ample to sustain the conviction. Hence, appellant’s charge to peremptorily acquit was correctly refused.

The pleadings alleged that the cotton was stolen from “Dad” McKeg, and that he was the owner, etc. He testified that his initials were J. D. and that his name was spelled McCaig,, but that he was known and called as alleged in the pleadings and that his name was often spelled McKeg insted of McCaig. The names, were idem sonans. (2 Vernon’s C. C. P., p. 203.)…