No. 31737.

338 S.W.2d 458 (1960)

Eugene Jackson FOSTER, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 8, 1960.

Attorney(s) appearing for the Case

Daugherty, Bruner, Kelsoe & Thorp, by Sam E. Daugherty, Dallas, for appellant.

Henry Wade, Crim. Dist. Atty., Jerome V. Chamberlain, Jr., Robert E. Lyle, Phil Burleson, Asst. Dist. Attys., Dallas, and Leon Douglas, State's Atty., Austin, for the State.

DICE, Commissioner.

The conviction is for felony theft with two prior convictions for felonies less than capital alleged for enhancement; the punishment, life imprisonment under Art. 63, Vernon's Ann.P.C.

The state's testimony shows that the injured party, Charles B. Sydow, was the owner of a fourteen foot Miami Blue Star Aluminum boat and a two wheel trailer of the aggregate value of $250 which he kept in a fenced enclosure behind his place of business. On...


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