Clark v. State

ON appellants’ motion for rehearing.

BEAUCHAMP, Judge.

In considering appellants’ motion for rehearing, we have again checked the evidence as to the ownership and value of the property alleged to have been stolen and have reached the conclusion that appellants’ motion for an instructed verdict, because of the insufficiency of the evidence to show a felony theft, should have been granted in part. The evidence is sufficient to sustain a jury verdict for theft of property over the value of $5.00 and under the value of $50.00, but not for an amount sufficient to support the conviction for a felony.

T…