Smith v. State

OPINION

ONION, Presiding Judge.

This is an appeal from a conviction for felony theft by bailee wherein the punishment, enhanced under Article 63, Vernon’s Ann.P.C., was assessed at life.

Appellant’s sole ground of error is that the evidence is insufficient to support the *658judgment, it being his contention that evidence of “retaining rented property past the time due for return, without more, is not sufficient proof of” conversion with intent to deprive the owner permanently of the value of the property converted.

The constituent elements of theft by bailee are:

First: possession of property by…