O'Conner v. State

DICE, Commissioner.

The conviction is for felony theft; the punishment, ten years.

Trial was before the court, a jury being waived, upon appellant’s plea of guilty to the indictment.

The indictment charged that appellant did take and steal cigarettes of the value of over fifty dollars from one S. L. Cooper, the owner.

The sufficiency of the evidence offered by the state to show appellant’s guilt, as required by Art. 12, Vernon’s Ann. C.C.P., is challenged.

*241At the trial it was agreed and stipulated by and between the state and appellant that the state could offer into evidence and the court…