Parnell v. State

Banke, Judge.

Appellant was convicted of theft by taking under a recidivist indictment and sentenced to confinement for 10 years, with seven of those to be served on probation. On appeal, he contends that neither the indictment nor the evidence support a felony sentence.

The property described as stolen in the indictment was a "1937 Dodge.” This description contained no embellishment, e.g., "automobile,” "motor vehicle,” "car,” etc. At trial it was adduced that this "Dodge” had four tires on it, an inoperative engine, and no fenders. When the defendant sold the "Dodge,” it had no transmission…