Johnston v. State

CHRISTIAN, Judge.

The indictment under which appellant was convicted charges the offense of theft of property over the value of $50, and contains averments showing that he has been previously convicted of two felonies less than capital. Because of repetition of offenses, the penalty assessed was confinement in the penitentiary for life. See Art. 63, P. C.

The proof on the part of the State was uncontroverted to the effect that on the 24th of September, 1935, appellant stole two four-piece suits of clothing and a hat from the Hub Clothiers Store in Breckenridge, Texas. The State’s testimony was…