Rodriguez v. State

ON MOTION FOR REHEARING

MEADE F. GRIFFIN, Special Judge.

With the exception of appellant’s ground of error No. 2, I agree with the Court’s majority opinion delivered December 11, 1968.

I disagree with this Court’s opinion in disposing of ground of error No. 2, for the following reasons:

In this case the only evidence of want of consent by the owner to appellant’s taking the television set, the subject of the theft, was that admitted, over appellant’s objection, by virtue of a stipulation, as follows: “It is agreed and stipulated by and between the Defendant, Counsel for the Defendant, and Counsel…