Wells v. State

OPINION

ROBERTS, Judge.

Hans Wells was convicted of three counts of theft, each a felony of the third degree. The court assessed punishment at 5 years’ confinement (probated) and a fine of $500.

Each count of the indictment alleged that on a day in 1974 the appellant obtained and exercised control over money “from 3-W Appliance Sales & Service, Inc., without the effective consent of the owner, 3-W Appliance Sales & Service, Inc., and with intent to deprive the said owner of said property.” The appellant argues that there was no proof of the lack of consent of 3-W Appliance Sales & Service, Inc.…