Dyba v. State

OPINION

ODOM, Judge.

Appellant was convicted for felony theft under the former Penal Code. Article 1421, V.A.P.C. His punishment was assessed at three years, probated.

Appellant and two other individuals were convicted for stealing a Linde Air Products Company oxygen cylinder, type “K” series, from a salvage yard owned by Val Blake. The facts and circumstances of this offense are carefully set out in the co-defendants’ cases, Kirkland v. State, Tex.Cr.App., 489 S.W.2d 298; Grego v. State, Tex.Cr.App., 456 S.W.2d 123. The sufficiency of the evidence was upheld in each of those cases.

The only…