Cathey v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for misdemeanor shoplifting, subsequent offense ; the jury assessed the punishment at two years in jail and a $1,000 fine.

The appellant’s first and second grounds of error challenge the sufficiency of the evidence for the jury to find that the appellant was a second offender.

The evidence viewed most favorably to the jury’s verdict shows that on June 17, 1969, the appellant was apprehended outside the J-Weingarten Store at 1175 Edge-brook in Houston, after he had aroused the suspicions of Kenneth Roberts, manager of the store. Roberts…