Freeman v. State

OPINION

ONION, Presiding Judge.

Appeal is taken from a conviction for theft of property of the value of more than two hundred dollars ($200.00) but less than ten thousand dollars ($10,000.00). Punishment was assessed by the jury at ten (10) years’ imprisonment and a fine of five thousand dollars ($5,000.00), probated.

In the two count indictment the appellant was charged with the theft of liquid fertilizer on or about August 17, 1978 and on or about August 21, 1978.

The jury convicted the appellant on both counts. The court granted a new trial and set aside the conviction based on count one. See…