York v. State

OPINION

GREEN, Commissioner.

The appellant was convicted, in a trial before a jury, of misdemeanor theft of one barricade marker of the value of $22.50. The court assessed punishment at a fine of $50.00 and one (1) year in jail, probated.

Appellant in a single ground of error challenges the sufficiency of the evidence to sustain the conviction. Appellant contends the evidence is insufficient in that the alleged owner of the property did not identify the property seized from appellant as his property. We agree with the appellant’s contention.

The record reflects that on December 31, 1971, at 5:10…