Smith v. State

OPINION

MORRISON, Judge.

The offense is theft of property of more than the value of $5.00 and less than $50.00; the punishment, seven (7) days in jail and a fine of $50.00.

Appellant challenges the sufficiency of the evidence to show that the offense was committed at a time within the Statute of Limitations, Art. 12.05, Vernon’s Ann. C.C.P. The owner testified that the particular upholstery material was cut and prepared for delivery on the day it was reported missing from his place of business, June 27, 1969, and that it was recovered on that same day from the appellant’s automobile. The…