OPINION
QUENTIN KEITH, Commissioner.
Appellant was charged by complaint and information with theft under the provisions of V.T.C.A., Penal Code, § 31.03(d)(3), a Class A misdemeanor. The jury found him guilty as charged and fixed his punishment at confinement in jail for 365 days and a fine of $1,000.
Appellant's first ground of error complains of the action of the court in overruling his motion for an instructed verdict because "the State failed...
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