Brown v. State

DICE, Judge.

The conviction is for felony theft; the punishment, confinement in the penitentiary for two years.

The state’s evidence shows that the injured party, Troy Fountain, was foreman on a bridge construction job for the Texas Highway Department in Brown County. When he went to work on the morning of January 13, 1961, he discovered that the tool house on the job had been broken into and certain items of property were missing. The property had been locked in the house the evening before and among the missing items were five tires, a case of Esso motor oil, a pavement breaker, and a…