Drain v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for felony theft. Trial was before the court on a plea of guilty. The punishment was assessed at two years.

The appellant, in his third ground of error, alleges that insufficient evidence was introduced to support his plea of guilty. We believe, that this contention is with merit. The record contains the appellant’s agreement to stipulate testimony and a waiver of jury. No written judicial confession appears in the record.

Oral stipulations concerning this cause were dictated into the record. The stipulations were to the effect that a…