Pool v. State

OPINION

DAVIS, Commissioner.

Appeal is taken from a conviction for theft. Punishment enhanced 1 under the provisions of V.T.C.A. Penal Code, Sec. 12.-42(d) 2 was assessed at life.

The indictment alleged the primary offense occurred on or about the 2nd day of April, 1974, and the record reflects that trial was in July, 1974.

Appellant challenges the sufficiency of the evidence to support the conviction.

The pertinent portion of the indictment alleging the primary offense recites that appellant

“ . . . did then and there unlawfully exercise control over property, other than real property, to wit, one…