Daniels v. State

Clark, Judge.

Defendant was indicted for credit card theft in that he "did withhold a credit card, to wit: Sears Credit Card... from the custody of Kenneth A. Wright without the cardholder’s consent, with intent to use it.” Defendant was tried before a jury and convicted. He brings this appeal from the denial of his amended motion for a new trial and from the judgment. Held:

1. The state has presented a motion to dismiss this appeal, alleging that defendant is unlawfully outside the jurisdiction of the court. The record reveals, however, that defendant did not escape from confinement, but…