Schultze v. State

OPINION

UTTER, Justice.

This is an appeal from a conviction for Class B. misdemeanor theft.

The trial court suspended appellant’s punishment of 30 days and a $100 fine and placed him on probation for a period of 6 months.

The prosecution is based on evidence showing appellant stole an eight-dollar automobile compass from the merchandise of a Sears store.

In his first ground of error appellant contends that he was deprived of his right to trial by jury because his waiver of jury trial was not in writing as required by Art. 1.13, V.A.C.C.P. This statute does not apply to misdemeanor cases. Ex parte…