Melton v. State

CHRISTIAN, Judge.

Appellant was convicted of being an accomplice to the offense of theft, and his punishment fixed at confinement in the penitentiary for three years.

The opinion on a former appeal is found in 58 S. W. (2d) at page 103.

According to the testimony of W. G. Carriger, the alleged principal offender, appellant was not present when the offense was committed, but had theretofore advised and commanded the witness to steal 1000 feet of 10 inch pipe from Joe McIntosh, the alleged owner. W. G. Carriger’s testimony was in substance as follows: On the night of May 21, 1931, accompanied by…