Cloud v. State

KRUEGER, Judge.

The offense is theft of an automobile over the value of Fifty Dollars. The punishment assessed is confinement in the state penitentiary for a period of two years.

Appellant’s chief contention is that the court erred in overruling his motion for an instruction to the jury to return a verdict of not guilty based on the ground that the evidence was insufficient to justfy and sustain a conviction.

The State’s evidence, briefly stated, shows that on the morning of the 27th day of April, 1946, Robert Chaney and appellant met in the town of Comanche, from there they went to Brown-wood,…