MIXON v. STATE

No. 46937.

507 S.W.2d 238 (1974)

Donald Gene MIXON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

On Rehearing March 27, 1974.


Attorney(s) appearing for the Case

Byron B. Chappell, John R. McFall, Lubbock, for appellant.

Andy Shuval, Dist. Atty., Hereford, Jim D. Vollers, State's Atty., and Buddy Stevens, Asst. State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for theft of grain over the value of $50.00. The punishment was assessed by the jury at ten years, probated.

The sufficiency of the evidence is challenged.

Appellant was convicted of the theft of 100,000 pounds of milo from Joe Artho, general manager of the Hereford Grain Corporation. The grain was alleged to have been taken from Hereford Grain's Farmers' Corner elevator in the early morning of December...

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