McIlhenny v. State

Banke, Presiding Judge.

James Mcllhenny appeals his conviction of theft by taking, for which he was sentenced to a term of ten years, six to be served in confinement and the remainder on probation.

The indictment alleged the taking of a 1979 Datsun, $450 in cash, and a radio, all belonging to Perry White. White, a co-worker of the appellant, testified that he loaned the appellant the car, containing the other items alleged to have been stolen, so that appellant could drive home following the end of his shift and get some sleep. White testified that he phoned the appellant several hours later to…