Davis v. State

BAKER, Judge.

The appellant was convicted in the District Court of Hopkins County for the offense of theft, and his punishment assessed at three years in the penitentiary.

The record discloses that the term of court at which the instant indictment was returned began on the 24th day of August, 1925, the indictment was filed September 18, 1925, and court adjourned on October 3, 1925. The indictment charges that the offense occurred on the 14th day of September, 1925. The appellant was tried and convicted on the 29th day of September, 1925.

In bill of' exception No. 1 it is shown that when this…