Henderson v. State

DICE, Judge.

Appellant was convicted of felony theft, with a prior conviction for an offense of like character alleged to enhance the punishment, and his punishment was assessed at confinement in the penitentiary for ten years.

The indictment charged the theft of one shotgun of the value of $88.65 from Robert H. Hampton, on or about the 24th day of November, 1953. Hampton, who was the owner and operator of a retail store in the city of Houston, testified that on the date alleged in the indictment, the appellant was in his-store; that as he (Hampton) walked to the back to wait on a customer the…