GIBBS v. STATE

No. 59316.

610 S.W.2d 489 (1980)

Billy Wayne GIBBS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas, Panel No. 3.

Rehearing Denied February 4, 1981.


Attorney(s) appearing for the Case

James W. Patterson, Houston, for appellant.

Carol S. Vance, Dist. Atty., and Ray Howard, and Susan W. Crump, Asst. Dist. Attys., Houston, Robert Huttash, State's Atty., Austin, for the State.

Before ROBERTS, PHILLIPS and DALLY, JJ., and QUENTIN KEITH, C.


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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