Terrell v. State

Roberts, Chief Justice.

The indictment charges the defendant with the theft of a hat from the storehouse of W. H. Cousins, in the county of Smith. The evidence showed unquestionably that he took the hat from the store, and went to another store at a short distance, where he was arrested with it in his hand, in no way concealed. He had gone out'of Cousins’ store with it openly in his hand, and had, even while thus holding it, had some conversation with W. H. Cousins near the door, who supposed that he had bought it from some of his clerks. ¡Neither W. H. Cousins nor any of his clerks consented…