Oakley v. State

323 S.W.2d 43 (1959)

Jim OAKLEY, Appellant,

v.

STATE of Texas, Appellee.

No. 30177.

Court of Criminal Appeals of Texas.

January 21, 1959.

Rehearing Denied March 4, 1959.

On Second Motion for Rehearing April 8, 1959.

Allen Harp, Childress, for appellant.

Simpson, Adkins, Fullingim & Hankins, Amarillo, Robert C. Benavides, Dallas, amici curiae.

John T. Forbis, Dist. Atty., Childress, Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for the theft of seed of the value of more than $50; the punishment, eight years.

Ernest L. Kilgore testified that during his…