45 S.W. 495


RICHMOND
v.
STATE.


Court of Criminal Appeals of Texas.


April 20, 1898.

        Appeal from district court, Freestone county; L. B. Cobb, Judge.

        George Richmond was convicted of theft, and he appeals. Affirmed.

        W. W. Walling and Mann Trice, for the State.

        HENDERSON, J.

Appellant was convicted of the theft of a hog, and his punishment assessed at 
confinement in the penitentiary for a term of three years; hence this appeal.

There is no bill of exceptions in the record. Appellant, in his motion for a
new trial and assignment of errors, contends that the evidence is not 
sufficient to sustain the verdict. We cannot agree to this contention. The 
testimony of appellant's codefendant, Luckett, makes out a clear case of theft;
and there is other testimony, aside from the confession of appellant, tending 
to corroborate the accomplice, and to connect appellant with the theft of said 
hog. The jury were not required to accept the confession of the appellant to 
the effect "that he was not present at the time the hog was taken, but that 
the same was stolen and killed before he had anything to do with it, and that 
he merely helped to conceal and appropriate the carcass." We presume the jury 
took this testimony, along with the other testimony in the case, and from it
found the defendant guilty of the original taking, which they were fully 
warranted in doing. We find no errors in the record, and the judgment is 
affirmed.