Coy v. State, 18712.
Decision Date | 13 January 1937 |
Docket Number | No. 18712.,18712. |
Citation | 100 S.W.2d 1016 |
Parties | COY v. STATE. |
Court | Texas Court of Criminal Appeals |
Appeal from District Court, Hidalgo County; Bryce Ferguson, Judge.
Charlie Coy was convicted of receiving and concealing stolen property, and he appeals.
Reversed and remanded.
Cameron & Hardin, of Edinburg, for appellant.
Lloyd W. Davidson, State's Atty., of Austin, for the State.
The offense is knowingly receiving and concealing stolen property; the punishment, confinement in the penitentiary for eight years.
According to the testimony of the State, Federico Saenz, Jose Gonzalez, and others went to the pasture of O. M. Kenyon on the 8th of October, 1935, and stole some of his horses and mules. Again, the testimony of the State was to the effect that, prior to the theft, appellant entered into an agreement with Saenz, whereby Saenz and his companions were to steal the animals in question and deliver them to the pasture of appellant. Appellant was then to dispose of said animals and divide the proceeds of the sale with his coconspirators. The proof on the part of the State was to the further effect that after the theft had been committed, appellant not being present at its commission, the animals were delivered to appellant and that he thereafter sold some of them but did not divide the proceeds with his coconspirators. Under the circumstances, appellant was guilty of theft and not as a receiver of stolen property. We quote from McInnis v. State, 122 Tex. Cr.R. 128, 54 S.W.(2d) 96, 98, as follows ...
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