WILBURN v. STATE

No. 31700.

334 S.W.2d 296 (1960)

Allen Wayne WILBURN, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 16, 1960.


Attorney(s) appearing for the Case

M. L. Miller, Robert C. Benavides, Dallas, for appellant.

Henry Wade, Criminal Dist. Atty., John J. Mead, Jr., William F. Alexander, Phil Burleson, Asst. Criminal Dist. Attys., Dallas, and Leon B. Dougals, State's Atty., Austin, for the State.


WOODLEY, Judge.

The offense is felony theft; the punishment, enhanced by a prior conviction for a like offense, 10 years.

Appellant was employed by Nicholson Seed Stores, one of his duties being to drive a pickup truck and haul merchandise to and from the store on North Lamar.

On the morning of April 30, 1959, Mr. Biggio, an official of the Nicholson Seed Stores, checked the merchandise appellant brought to the store and discovered an extra carton...

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