Cherry v. State

HAWKINS, Judge.

— Conviction is for theft, punishment two years in the penitentiary.

By proper averments the indictment charged that appellant stole $600 from Mrs. L. S. Hues. The state introduced appellant’s extra-judicial confession in which he said: “* * * Me and Eldon Hues got Mrs. L. S.. Hues’ money. Mrs. Hues said she lost about $600.00, but I only got about $200.00 as my part. I was. staying at the house of Ellie Hues and Eldon Hues came to my window on a Thursday night 3 or 4 weeks, ago and woke me up. Me and him went in the hall and Eldon shoved! her door open. We then kept still until…