SMITH v. STATE

No. 33006.

345 S.W.2d 415 (1961)

Robert T. SMITH, Appellant, v. STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 15, 1961.


Attorney(s) appearing for the Case

Jack Lovette, Bowie, J. M. Donald, Jacksboro, for appellant.

John Lindsey, Dist. Atty., Jacksboro, Clyde Suddath, County Atty., Henrietta, Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

Theft of personal property of the value of over $50 is the offense, with punishment assessed at two years in the penitentiary.

The case was tried by the district court of Clay County upon a change of venue from Wise County.

Appellant entered a plea of not guilty. He did not introduce any evidence during the trial or upon his motion for a new trial.

The evidence is undisputed that appellant took twenty joints of oil well tubing...

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