Garrett v. State

LATTIMORE, Judge.

Appellant was convicted of felony theft, in the District Court of Eastland County, and his punishment fixed at two years confinement in the penitentiary.

In his motion for a new trial, appellant complains of the insufficiency of the evidence to support a conviction for felony. The testimony in the record shows that in places apparently under the control of appellant, were found more than enough of the property of the prosecuting witness, to aggregate in value $50. In fact, it is shown that one carton of cigarettes so found and identified, was of the value of $73.…