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HOLLEY v. STATE

No. 34091.

353 S.W.2d 437 (1962)

Marvin C. HOLLEY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

January 10, 1962.

Attorney(s) appearing for the Case

No attorney for appellant of record on appeal.

Frank Briscoe, Dist. Atty., Carl E. F. Dally, Frank B. Davis, Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for felony theft; the punishment, two years.

S. W. Coplin testified that on Saturday, April 22, a railway freight car was placed beside his business containing sacks of potatoes which he opened, inspected, and accepted; that the car contained 100 lb. sacks of No. 1 Grade, Everbest Brand of Russet potatoes of the market value of $6.65 per sack. The following day, when the potatoes were unloaded, it was ascertained that...

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