BELCHER, Commissioner.
Appellant was jointly indicted with William Shatto for the theft of ten joints of tubing and thirty-three sucker rods of the value of more than $50 from H. T. Hensley. A motion for severance was granted, and William Shatto was tried first and found not guilty by a jury, and appellant, after a plea of not guilty, was found guilty by a jury and assessed a term of two years in the penitentiary.
After dark on the night of December 17, 1951...
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