DENBY v. STATE

No. 62561.

654 S.W.2d 457 (1983)

Perry Como DENBY, Appellant, v. The STATE of Texas, Appellee.

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

Rehearing Denied July 20, 1983.


Attorney(s) appearing for the Case

Josh Don Curnell, III, Houston, for appellant.

Doyle W. Neighbours, Dist. Atty., and Kim Fallwell, Asst. Dist. Atty., Angleton, Robert Huttash, State's Atty., and Alfred Walker, Asst. State's Atty., Austin, for the State.

Before W.C. DAVIS and TEAGUE, JJ., concur.


OPINION

TEAGUE, Judge.

Perry Como Denby, appellant, was indicted for committing the offense of felony theft of the third degree. See V.T.C.A., Penal Code, Sec. 31.03. He was tried and convicted by a jury, which also assessed punishment at six years' confinement in the penitentiary. Because we find the evidence insufficient as a matter of law to sustain the conviction, we are compelled to reverse the conviction.

The indictment in this cause alleges...

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