Gaines v. State

OPINION

ODOM, Judge.

The offense is felony theft; the punishment enhanced under Article 63, Vernon’s Ann.P.C., life.

First, appellant attacks the sufficiency of the evidence, alleging that there is no evidence that he took the automobile in question or removed it from the injured party’s parking lot.

James Pruitt testified that on May 27, 1971, he was the owner of the Ken Pruitt Buick Company in Garland; that he kept new cars stored in a lot surrounded by a seven foot fence with a gate locked by a chain and padlock; that on the morning of May 28, 1971, the chain had been cut and one green Buick…