PENNY v. STATE

No. 28772.

298 S.W.2d 833 (1957)

Marvin A. PENNY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 20, 1957.


Attorney(s) appearing for the Case

Bill M. Dickson, Houston, for appellant.

Dan Walton, Dist. Atty., Thomas D. White, Asst. Dist. Atty., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


DAVIDSON, Judge.

This is a conviction for theft of personal property over the value of $50, with punishment assessed at ten years in the penitentiary.

The statement of facts, as signed, approved, and filed in this case, shows that the value of the property alleged to have been stolen was less than $50. Such being true, the offense shown was not a felony.

State's counsel very frankly admit that such is the case. It is suggested by them that the value...

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