McCaleb v. State

OPINION

DOUGLAS, Judge.

This is an appeal from a conviction for the offense of theft of property over the value of $50 under the former penal code. Punishment was assessed by the court at five years after the jury returned a verdict of guilty.

In his first ground of error, appellant contends that the trial court erred “in failing to require the State to elect as to which transaction, shown by the evidence, it would rely upon in seeking a conviction under the allegations contained in the indictment.” 1

The record reflects that appellant made a motion to require the State to make an election as to…