OAKLEY v. STATE

No. 30177.

323 S.W.2d 43 (1959)

Jim OAKLEY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied March 4, 1959.

On Second Motion for Rehearing April 8, 1959.


Attorney(s) appearing for the Case

Allen Harp, Childress, for appellant.

Simpson, Adkins, Fullingim & Hankins, Amarillo, Robert C. Benavides, Dallas, amici curiae.

John T. Forbis, Dist. Atty., Childress, Leon B. Douglas, State's Atty., Austin, for the State.


BELCHER, Commissioner.

The conviction is for the theft of seed of the value of more than $50; the punishment, eight years.

Ernest L. Kilgore testified that during his absence from home on April 7, 1957, some one without his consent took from his garage two sacks containing a total of 110 pounds of sorghum almum seed belonging to him. He further testified that he had told the appellant, who lived about "a third or a half mile" from him, about the seed being...

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