McDonald v. State

McDonald, judge.

The offense is theft by false pretext with a prior conviction alleged for enhancement purposes; the punishment, confinement for ten (10) years in the state penitentiary. The appellant pled not guilty and the trial was before a jury.

The State’s principal witness, the complainant, David Gilmore, testified that he met one Jesse Gage, co-defendant, on the 22nd day of August, 1963, at a Spartan Store in Bexar County; that Gage, co-defendant, got into complainant Gilmore’s truck to be taken to a bus stop and that while en route thereto Gilmore’s attention was by an outside force…