WISE v. STATE

No. 26326.

258 S.W.2d 326 (1953)

WISE v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied May 27, 1953.


Attorney(s) appearing for the Case

Murray J. Howze, Monahans, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.


DAVIDSON, Commissioner.

Automobile theft is the offense; the punishment, five years in the penitentiary.

About 3:30 or 4:00 o'clock, a. m., on Sunday, July 13, 1952, the pick-up truck of James Phillips was stolen from in front of his residence, where it was parked. Phillips heard the motor of the truck start and saw it being driven away. He immediately notified the officers of the theft. Within an hour or hour and a half thereafter appellant was arrested driving...

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