State v. Brame

WASSERSTROM, Judge.

Defendant was charged by information with stealing three blank checks and three watches, those items having an aggregate value in excess of $50. The jury found defendant guilty but was unable to agree on punishment. The trial court fixed punishment at 10 years and entered judgment thereon, from which defendant appeals.

The conviction was based entirely upon circumstantial evidence. The State’s primary witness, Arthur E. Ozias, is defendant’s uncle by marriage. Defendant’s 91 year old grandmother, who is also Ozias’ mother-in-law, lived with Ozias. Defendant occasionally…