Foster v. State

The conviction is for felony theft with two prior convictions for felonies less than capital alleged for enhancement; the punishment, life imprisonment under Art. 63, V.A.C.P.

The state’s testimony shows that the injured party, Charles B. Sydow, was the owner of a fourteen foot Miami Blue Star aluminum boat and a two-wheel trailer of the aggregate value of $250 which he kept in a fenced enclosure behind his place of business. On January 9, 1959, Sydow discovered that the gate had been broken and that the boat and trailer were missing. Sydow testified that he had given no one permission to take…