SMITH v. STATE

No. 43771.

468 S.W.2d 824 (1971)

Robert Nathaniel SMITH, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied July 14, 1971.


Attorney(s) appearing for the Case

Victor R. Blaine, Houston, for appellant.

Carol S. Vance, Dist. Atty., James C. Brough and Thomas Henderson, Asst. Dist. Attys., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

MORRISON, Judge.

The offense is theft of property of more than the value of $5.00 and less than $50.00; the punishment, seven (7) days in jail and a fine of $50.00.

Appellant challenges the sufficiency of the evidence to show that the offense was committed at a time within the Statute of Limitations, Art. 12.05, Vernon's Ann. C.C.P. The owner testified that the particular upholstery material was cut and prepared for delivery on the day it...

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