Sellers v. State

WOODLEY, Judge.

The appeal is from a conviction for violation of Art. 1436b, Sec. 1 V.A.P.C., the indictment alleging that appellant unlawfully entered upon premises occupied and controlled by Charles W. Ward with the intent “to take mercury from and out of a gas meter then and there located upon said premises without the consent of the said Charles W. Ward and with the intent then and there to deprive the said Charles W. Ward of the value of said mercury and to appropriate the same to the use and benefit of him, the said Roy Lee Sellers.”

The punishment was assessed at two years in the…