Vineyard v. State

CHRISTIAN, Judge.

The offense is theft; the punishment, confinement in the penitentiary for two years.

The proof on the part of the State was to the effect that appellant and Alvin Perrin stole some automobile wheels and tires from J. A. Miller. Recently after the theft officers found said property in the possession of appellant. Perrin testified to the effect that he and appellant stole said property. Appellant did not testify.

It is shown in bill of exception No. 1 that in argument to the jury the district attorney used language as follows: “The recent possession, unexplained, of stolen…