Worthington v. State

OPINION

ROBERTS, Judge.

This is an appeal from a conviction for felony theft; trial was before the court and the punishment was assessed at five years.

The appellant in this case was a 59-year-old tree surgeon from Houston with no prior criminal record. He was the owner of a 1966 Cadillac, which is the subject matter of this prosecution. The automobile had been in a wreck and appellant had it repaired at a motor company. When repairs were completed, appellant came to the motor company. There was no argument over the amount due. Appellant testified he received permission to test drive the car.…