WALKER v. STATE

No. 58379.

591 S.W.2d 493 (1979)

Pat N. WALKER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 1.

Rehearing Denied January 9, 1980.


Attorney(s) appearing for the Case

Clifford W. Brown, Ralph H. Brock, Lubbock, Gene L. Dulaney, Snyder, for appellant.

Joe Smith, Dist. Atty., Ricky Smith, Asst. Dist. Atty., Seminole, and Robert Huttash, State's Atty., Austin, for the State.

Before ONION, P. J., and DOUGLAS and W. C. DAVIS, JJ.


Rehearing En Banc Denied January 9, 1980.

OPINION

DOUGLAS, Judge.

Appellant was convicted of theft over $200 and less than $10,000. Punishment was assessed by the court at three years, probated.

Walker was charged with the theft of over 6000 pounds of scrap metal owned by Erwin Young. He contends that the evidence is insufficient to support the conviction. We agree and reverse.

Gene Gandy, the sheriff of Garza County, testified that...

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