Cordell v. State

ON STATE’S MOTION FOR REHEARING

DOYLE, Justice.

The opinion formerly handed down in this case is withdrawn and the following opinion is substituted in its stead.

*32This is an appeal from a conviction for the offense of felony theft to which the appellant had plead not guilty. A jury assessed his punishment at two years.

The facts are simple and undisputed. On or about September 3, 1979, R. K. Pendle-ton, a building contractor had 25 squares (75 bundles) of roofing shingles delivered to a job site in Harris County, Texas. The retail price of the shingles was approximately $24 per square, or $8 per…