McKinny v. State

EN BANC OPINION

TERRY JENNINGS, Justice.

Appellant, Kenneth W. McKinny, was tried simultaneously for two state jail felony offenses: (1) theft of a truck and (2) theft of a pump worth more than $1,500 and less than $20,000. Although the jury acquitted appellant of the truck theft, it found him guilty of the theft of the pump and assessed punishment at two years confinement in a state jail with a $3,000 fine. In five points of error, appellant contends the evidence was legally and factually insufficient to support the jury’s finding of guilt as to the theft of the pump, he was denied the right…