Perkins v. State

OPINION

ONION, Presiding Judge.

This appeal results from a conviction for felony theft wherein the punishment was assessed at ten (10) years by the trial court following a verdict of guilty.

The appellate record 1 reflects that James Hankins, owner of a cafe in Tyler, testified that on July 13, 1968, a Saturday, he opened his cafe at 5 p. m. and kept it open until about 4 a. m. Sunday when he closed it and fell asleep at one of the tables. The front door was locked and the back screen door was hooked. About 5:45 a. m. he was awakened by the sound of “change” falling to the floor. He went…