No. 30332.

321 S.W.2d 880 (1959)

James William HUTCHINS, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 18, 1959.

Attorney(s) appearing for the Case

Joe v. Moore, W. H. Hall, Dallas, for appellant.

Henry Wade, Dist. Atty., Robert E. Lyle, A. George Biggs and A. D. Jim Bowie, Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for felony theft; the punishment, 3 years.

The indictment charged the theft of one automobile of the value of over $50.

Paul Roppolo, the injured party, testified that on the day in question he parked his 1958 Chevrolet automobile on Throckmorton street in the City of Dallas around 12:05 P.M. and that when he returned ten minutes later it was gone; that he next saw the automobile at the City Pound that evening...

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