Snyder v. State, 14432.

• Decision Date: 27 May 1931
• Docket Number: No. 14432.,14432.
• Parties: SNYDER v. STATE.
• Court: Texas Court of Criminal Appeals

39 S.W.2d 885

SNYDER v. STATE.

No. 14432.

Court of Criminal Appeals of Texas.

May 27, 1931.

Rehearing Denied June 17, 1931.

Appeal from Criminal District Court No. 2, Dallas County; C. A. Pippen, Judge.

Cecil Snyder was convicted of theft, and he appeals.

Affirmed.

Baker & Adams, of Dallas, for appellant.

Lloyd W. Davidson, State's Atty., of Austin, for the State.

LATTIMORE, J.

Conviction for theft; punishment, two years in the penitentiary.

The indictment in this case contained two counts, one charging theft of an automobile and the other charging the receiving and concealing of said property. The court below submitted both counts to the jury, and they returned a general verdict of guilty, which the court applied to the first count in the indictment and adjudged appellant guilty of the theft of an automobile of the value of more than $50. The sentence imposed followed the judgment.

We find in the record three bills of exception. The first complains of the refusal of a motion to quash in which appellant attacked the indictment because it did not name or describe the stolen property further than to state that same was an automobile. We think this sufficient under all the authorities.

The second bill sets up that appellant presented five special charges, each of which was refused by the court, to which appellant excepted. The special charges referred to are not set out in bill of exception, nor do we find them anywhere in the record. Such a bill calls for no further consideration at our hands.

The remaining bill complains of the overruling of a motion in arrest of judgment, in which same alleged defect in the indictment was set up, as is above mentioned. We perceive no error in the overruling of said motion.

No error appearing, the judgment will be affirmed.

On Motion for Rehearing.

MORROW, P. J.

Pointing to certain exhibits attached to his motion for new trial, the appellant claims in his motion for rehearing that in stating that there were no special charges requested this court was mistaken. An examination of what is termed Exhibit B, the documents to which the appellant refers in his motion, bear no evidence showing at what stage of the trial they were presented to the court; neither do they bear the signature of the appellant or his counsel. They are, however, marked "Refused" under the signature of the judge presiding. In the main, they relate to the contention of the appellant that the circumstances were sufficient to require the court to submit the law of accomplice...