Barnes v. State

OPINION

DOUGLAS, Judge.

Appellant was convicted of felony theft; the jury assessed punishment at ten years.

The indictment alleged the theft of $1250 from Benny McCulloch.

The State introduced evidence that a 1968 Ford automobile was sold to the complainant, Benny McCulloch, by an accomplice witness, Orval Gibson, and appellant, on January 9, 1971, for $1250.00. Other evidence revealed that the Ford automobile had been stolen in Houston from Steve Barron. Gibson testified that appellant planned and directed a scheme by which Gibson stole Barron’s Ford, purchased a similar model wrecked Ford from…