SMITH v. STATE

No. 28263.

290 S.W.2d 530 (1956)

Elbert Ross SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 23, 1956.


Attorney(s) appearing for the Case

Bill Auger, Fort Worth, for appellant.

Howard Fender, Dist. Atty., Grady Hight, Eugene D. Biddle, and Conard Florence, Asst. Dist. Attys., Fort Worth, Leon B. Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Appellant was convicted of the offense of felony theft and sentenced to life imprisonment as an habitual criminal under an indictment charging four prior convictions for offenses of less than capital, only two of which were submitted to the jury.

The property charged to have been stolen was an automobile belonging to C. T. Dykes.

Dykes testified that he operated a garage in the city of Fort Worth; that he left his place of business...

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