Butts v. State

Marshall, Judge.

Appellant Butts appeals his conviction of theft by taking and his sentence to nine years in the penitentiary. He enumerates as error a failure of proof to show that the value of the stolen items exceeded $100, to show that one of the two items stolen was in fact taken by appellant, and, lastly, the denial of the trial court of appellant’s motion for new trial based upon the foregoing two grounds. Held:

1. The evidence shows that a CB radio and a related amplifier were removed from the victim’s automobile. A vehicle occupied by Butts was seen leaving the scene. Within minutes a…