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LESLEY v. STATE

No. 30973.

331 S.W.2d 58 (1959)

Hoy LESLEY, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 13, 1960.

Attorney(s) appearing for the Case

T. R. Odell, Lubbock, for appellant.

Royce Adkins, Dist. Atty., Haskell, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

Appellant was charged by indictment with theft of 9 drilling bits of the value of $51.

The evidence raised an issue as to the value of the bits being over or under $50 and the jury found appellant guilty of theft of property under the value of $50 and over the value of $5, and assessed his punishment at six months in jail.

The State relied upon circumstantial evidence and the sole ground for...

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