McDonald v. State

WOODLEY, Presiding Judge.

The offense is felony theft; the punishment, enhanced under Art. 63 P.C. by two prior convictions for felonies less than capital, life.

The indictment alleged the theft of 200 pounds of copper wire of the value of $100 from Odell Burch on or about the 14th day of February, A.D. 1963. It also alleged a conviction for felony theft in 1961 and a conviction in 1953 for burglary.

The sufficiency of the evidence to sustain the jury’s finding that the appellant was guilty of theft of copper wire of the value of $50 or over is challenged.

Odell Burch, named in the indictment as…