No. 36686.

377 S.W.2d 189 (1964)

Wendell Odell STEPHENS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied April 22, 1964.

Attorney(s) appearing for the Case

John Patrick McDowell, Dallas (On Appeal Only), for appellant.

Henry Wade, Dist. Atty., C. M. Turlington, Asst. Dist. Atty., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Presiding Judge.

The offense is felony theft; the punishment, enhanced by a prior conviction for burglary with intent to commit theft, 10 years.

The prior conviction was proved as alleged.

The indictment alleged the theft of a suit of men's clothing of the value of over fifty dollars from Weldon Barnett on or about the 8th day of November, 1962.

Weldon Barnett testified that he was a supervisor for Sanger-Harris, a department store...


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