Lee v. State

Appellant was charged by affidavit in two counts, Count 1 charging the crime of vehicle taking and Count 2 as being an habitual criminal; tried by jury, and found guilty on Count 1.

Motion for new trial was timely filed and overruled. This ruling is the sole error here assigned.

The sufficiency of the evidence is challenged by the motion for a new trial.

In order to sustain the conviction herein, it was necessary for the state to prove, by substantial evidence of probative value, with proper inferenees drawn therefrom, (1) that the vehicle described in the affidavit was driven away and operated…