DICE, Commissioner.
Appellant J. B. Luster and his co-indictees, Jimmie Earl Smith, Joe Louis Trussell and Olenn Glenn Ward, were jointly charged by indictment with the offense of felony theft.
Upon the granting of a severance, appellant was separately tried and convicted and his punishment assessed at confinement in the penitentiary for two years.
The State's proof shows that on the Sunday afternoon of March 26, 1961, the appellant and his three co...
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