CARPENTER v. STATE

No. 44262.

473 S.W.2d 210 (1971)

Neil L. CARPENTER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

November 30, 1971.


Attorney(s) appearing for the Case

David Ball, Jr., Houston, for appellant.

Carol S. Vance, Dist. Atty., and Jim Skelton, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

ROBERTS, Judge.

This is an appeal from a conviction for embezzlement. Trial was before a jury, with punishment set by the court at five years (probated).

The evidence was uncontroverted that O. J. McCullough, the complaining witness, authorized appellant to sell a "drawworks" (an item of oil well equipment) for him. McCullough testified that he later discovered that the drawworks was missing from his place of business, and, on investigation...

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