McDONALD v. STATE

No. 37050.

385 S.W.2d 253 (1964)

Ezell McDONALD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied November 25, 1964.

Second Motion for Rehearing Denied January 13, 1965.


Attorney(s) appearing for the Case

Goodstein & Semaan, San Antonio, on appeal only, for appellant.

James E. Barlow, Dist. Atty., James E. Hope, John G. Benavides and Raymond A. Weitzel, Asst. Dist. Attys., San Antonio, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is theft by false pretext with a prior conviction alleged for enhancement purposes; the punishment, confinement for ten (10) years in the state penitentiary. The appellant pled not guilty and the trial was before a jury.

The State's principal witness, the complainant, David Gilmore, testified that he met one Jesse Gage, co-defendant, on the 22nd day of August, 1963, at a Spartan Store in Bexar County; that Gage, co-defendant, got...

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