Israel v. State

WOODLEY, Judge.

Appellant was convicted for felony theft of a 1946 model Ford automobile, and the jury assessed the punishment at two years in the penitentiary.

Appellant did not testify nor did he offer witnesses in his behalf.

An automobile answering the description contained in the indictment was taken from the lot of Ector Motor Company at Seminole, Texas, after closing hours on August 1, 1952. The switch key had been left in this car because it could not be removed.

The lot was inclosed by a fence or cable, and the gate was locked. The car was driven across the cable after breaking off a…