BATTLE v. STATE

No. 37980.

387 S.W.2d 899 (1965)

Don Cody BATTLE, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 17, 1965.


Attorney(s) appearing for the Case

Fred Time, Dallas, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, Howard Weinberger and W. John Allison, Jr., Asst. Dist. Attys., Dallas, and Leon B. Douglas, State's Atty., Austin, for the State.


MORRISON, Judge.

The offense is felony theft; the punishment, four years.

The injured party testified that he awoke in the middle of the night and observed a dump truck without any lights shining pull out of the alley in back of the apartment house where he resided, that he called the police, got in one of his automobiles and pursued the truck until the police brought it to a halt, and that in the back of the truck he found four expensive hub cabs valued at...

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