Rutledge v. State

OPINION

WOODLEY, Presiding Judge.

The offense is felony theft; the punishment, 9 years.

Trial was before a jury on a plea of not guilty. The jury returned a verdict of guilty, and the court assessed the punishment.

The sufficiency of the evidence is not challenged. The state’s evidence includes the following:

On June 28, 1968, Mr. Edward V. Huerta delivered his 1961 Pontiac Bonneville to Mr. Ruben Perez for the purpose of having the same repaired. On June 29, 1968, while parked in front of Perez’ residence in Houston, shortly after 2:30 P.M., the said automobile and tools valued at $150.00 were…