
    TROTTER v. STATE.
    (No. 8637.)
    (Court of Criminal Appeals of Texas.
    June 11, 1924.
    Rehearing Denied Nov. 5, 1924.)
    Criminal law <&wkey;5l I (I)- — Evidence of accomplice, when corroborated, held to sustain conviction of theft.
    Evidence of accomplice, when corroborated, to sustain conviction of theft.
    Appeal from District Court, Wichita County; P. A. Martin, Judge.
    Greenie Trotter was convicted of theft, and he appeals.
    Affirmed.
    Davenport, Cummings & Thornton, of Wichita Palls, for appellant.
    Tom Garrard, State’s . Atty., and Grover C. Morris, Asst., State’s Átty., both of Austin, for the State.
   HAWKINS, J.

Conviction is for theft, with punishment assessed at two years in the penitentiary.

The property alleged to have been stolen was 41 joints of oil well tubing, alleged to have been the property of one J. P. Smith. Smith was superintendent of an oil company, and the proof is positive that about the time alleged in the indictment as much as 41 joints of two-inch oil well tubing was stolen, which was property belonging to said company and under the control of said Smith. One McBride was used as a witness by the state. He testified that he and appellant acted together in the theft of the property in question and sold it to one Plank, taking in payment, for the pipe so stolen two checks, one payable to each of the parties. Other evidence is amply sufficient to corroborate McBride relative to the matters testified to by him, and to support the verdict of the jury. There are no bills of exception in the record, and the sufficiency of the evidence is the only question before us.

The judgment is affirmed.  