Benitez v. State

DICE, Commissioner.

Appellant and Alberto Escobar were jointly charged by indictment with the theft of one automobile of the alleged value of $2,300..

Upon the granting of a severance, appellant was separately tried and convicted and his punishment assessed at confinement in the penitentiary for five years.

The evidence presented by the state shows that on the night in question, around 8:S0 o’clock, city officers Bell and Chavez observed the appellant driving a new 1963 light-colored four-door Falcon automobile on Mesa Street in the city of El Paso. Riding in the automobile with appellant was…