Callaway v. State

Banke, Judge.

The appellant and a juvenile companion were apprehended leaving a department store with three sets of mechanics tools. The appellant was carrying one tool box, and the juvenile was in possession of the other two. On appeal from his felony conviction for theft by taking, the appellant contends that the evidence was sufficient to support his conviction for only one set, and that for this reason he should have been sentenced for a misdemeanor.

It is uncontested that the appellant and his juvenile friend arrived at the store in the same car, entered the store together from the parking…