Sessions v. State

Smith, Judge.

The appellant was convicted by a jury of theft by taking and appeals the judgment contending the evidence varied from the proof and the circumstantial evidence was insufficient to rule out reasonable hypotheses of innocence. We affirm.

1. The indictment charged theft of a J. C. Penney television, serial number F66230410, of the value of $139.95. The only proof concerning the stolen item showed it to be a television, with a serial number and value exactly as charged. There was no proof offered that the television was a "J. C. Penney” brand. This lack of proof amounted to a…