Sutherlin v. State

OPINION

TEAGUE, Judge.

Gilbert W. Sutherlin, appellant, was convicted by a jury of theft of one John Deere bulldozer of the value of more than $10,-000, that was then owned by Jerry Daniels, its special owner. The jury also assessed punishment at seven (7) years’ confinement in the Department of Corrections and a $10,000 fine.

Appellant asserts in one ground of error that the evidence is insufficient to sustain the verdict of the jury. We agree.

In pertinent part, the indictment against appellant alleges that he “did then and there intentionally, knowingly and unlawfully appropriate property, to…