Van Voltenburg v. State

Marshall, Judge.

Appellant (Van Voltenburg) and Holloday were indicted, tried before a jury and convicted of two counts — criminal damage to property in excess of $100 and theft by taking less than $100. Appellant was sentenced to five years on the former and twelve months on the latter. He appeals enumerating five errors. Holloday did not appeal. Held:

1. Appellant contends that the evidence submitted by the state to prove the first count, criminal damage to property in excess of $100, was insufficient and that the trial court erred in not directing a verdict of acquittal, upon motion, on that…