Evans v. State

MORROW, Presiding Judge.

— Theft of an automobile is the offense; penalty assessed at confinement in the penitentiary for five years.

Ben J. Cohn owned an Oldsmobile coupe which he parked on Preston Avenue in the city of Houston. That night, between eight and eight-thirty o’clock, he went to get his car and found that it was gone. He recovered the automobile the following morning from the Police Department.

Welch, an attendant at a filling station, testified that between 9:00 and 9:30 o’clock at night the appellant came to the station and bought some gasoline. As Welch was putting the cap on the…