Rutherford v. State

LATTIMORE, Judge.

In this case appellant was tried in the District Court of Marion County for the offense of receiving and concealing stolen property and upon conviction was punished by confinement in the State penitentiary for two years.

It appears undisputed from the evidence that three negro men took a trunk belonging to a Mrs. Kirkland in such manner as that the. taking constituted theft. After breaking open said trunk, they divided its contents into “three piles,” and each took one pile. The names of the negro men were Roy Calvin, Buddie Jackson and one Fox. Fox seems never to have been…