Wise v. State

DAVIDSON, Judge.

Automobile theft is the offense; the punishment, five years in the penitentiary.

About 3:30 or 4:00 o’clock, a. m., on Sunday, July 13, 1952, the pick-up truck of James Phillips was stolen from in front of his residence, where it was parked. Phillips heard the motor of the truck start and saw it being driven away. He immediately notified the officers of the theft. Within an hour or hour and a half thereafter appellant was arrested driving and in possession of the stolen truck.

Appellant did not testify, nor did he offer any affirmative defense.

The testimony showing appellant in…