DRAIN v. STATE

No. 43658.

465 S.W.2d 939 (1971)

Dyon Weslie DRAIN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 20, 1971.


Attorney(s) appearing for the Case

Paul H. Stanford, Charles L. Caperton, Dallas, for appellant.

Henry Wade, Dist. Atty., John B. Tolle, Harry J. Schulrz, Jr. and Edgar A. Mason, Asst. Dist. Attys., Dallas, Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for felony theft. Trial was before the court on a plea of guilty. The punishment was assessed at two years.

The appellant, in his third ground of error, alleges that insufficient evidence was introduced to support his plea of guilty. We believe that this contention is with merit. The record contains the appellant's agreement to stipulate testimony and a waiver of jury. No written judicial...

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