Taylor v. State

PRENDERGAST, Judge.

Appellant was convicted of the theft of' some automobile inner tubes and his punishment assessed at six'months in jail.

Appellant earnestly contends that the evidence was insufficient to-sustain the conviction in view of the fact that the evidence was wholly circumstantial. However, this court does not pass upon the question, because the cause must he reversed on another ground.

It seems that appellant was first prosecuted for ordinary theft and on that trial he testified. When prosecuted for this offense he did not testify. The court, over his objections, permitted the city…