KIRKLAND v. STATE

No. 45461.

489 S.W.2d 298 (1972)

Prentiss Newton KIRKLAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied January 31, 1973.


Attorney(s) appearing for the Case

Curtis Renfro, Vernon, Jean Hosey, Galveston, Richard D. Bird, Childress, for appellant.

Bill Neal, Dist. Atty., Vernon, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of misdemeanor theft. The indictment was for felony theft of property over the value of $50.00. The jury assessed the punishment at one year's confinement in the county jail and a fine of $250.00.

While on routine patrol the night of February 11, 1969, near Vernon, Patrolman Pat King of the Department of Public Safety observed an automobile with its lights off come out of...

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