Darty v. State

DAVIDSON, Judge.

Felony theft is the offense; the punishment, two years in the penitentiary.

Appellant confessed to the theft of two leather belts and an electric fan belonging to an ice company. He did not challenge the confession or deny the theft, upon the trial of the case.

The sole issue presented for the jury’s consideration was the value of the stolen property. The State’s testimony showed that the value thereof was in excess of $50.00, while that of the appellant showed that it was less than $50.00, thereby reducing the offense to a misdemeanor.

Appellant sought, by oral motion, a…