Westerman v. State

HAWKINS, Presiding Judge.

Conviction is for theft of an automobile, punishment assessed being two years in the penitentiary.

The car in question belonged to Miss Broline. She had delivered it to Ray Morse to be sold by him. The evidence shows that he was exercising actual control, care and management of the car, and was the special owner under Art. 1415 P. C. The car was taken from a parking or used car lot which was used by Morse. The car was last seen on said lot by Mr. Mackey about six o’clock when he was closing business for the day. About eleven o’clock that night Mackey recognized this…