Payne v. State

PRENDERGAST, Judge.

—On July 3, 1910, the appellant and A. Williams were jointly indicted in two counts for burglarizing in the night-time, on June 11, 1910, with intent to steal, the residence of J. T. Wells. Appellant was tried on, and the charge confined to burglary, to that count of the indictment above stated. There is no question raised about the sufficiency of the indictment.

Williams was tried first and acquitted. He afterwards testified for appellant when appellant was tried. The record and statement of facts all show this. Appellant was convicted and his penalty fixed at ten years in…