Opinion · Txlaw Texas

WILSON v. STATE, 422 S.W.2d 728 (Tex.Cr.App. 1968)

Viola Taylor WILSON, Appellant, v. STATE of Tex., Appellee., 422 S.W.2d 728 (Tex. Crim. App. 1968)

Type: Opinion
Court: Txlaw Texas
Jurisdiction: Txlaw
Date: 1968-01-10
Topic: general

WILSON v. STATE, 422 S.W.2d 728 (Tex.Cr.App. 1968) 422 S.W.2d 728 Viola Taylor WILSON, Appellant, v. The STATE of Texas, Appellee. No. 40937.Court of Criminal Appeals of Texas. January 10, 1968.

Citator

UpLaw has not yet analyzed WILSON v. STATE, 422 S.W.2d 728 (Tex.Cr.App. 1968). The absence of a flag is not a finding that it is good law.

WILSON v. STATE,422 S.W.2d 728(Tex.Cr.App. 1968)

422 S.W.2d 728

Viola Taylor WILSON, Appellant, v. The STATE of Texas, Appellee.

No. 40937.

Court of Criminal Appeals of Texas.

January 10, 1968.

Appeal from 23rd Judicial District Court, Fort Bend County, T. M. Gupton, J.

John W. O'Dowd, John Michael Ille, Houston, for appellant.

R. A. Bassett, Dist. Atty., R. A. Stallings, County Atty., Richmond, and Leon B. Douglas, State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is felony theft; the punishment, seven years, probated.Page 729

Appellant's first ground of error is that the proof does not show appellant's identity as being the person who committed the offense charged. The store manager and the arresting officer identified appellant as the person who took from the store at least 16 cartons of cigarettes which were later recovered from her.

Her second ground of error is her contention that a felony was not proven. The evidence shows that appellant took at least 16 cartons of cigarettes at the market value of $3.29 per carton, which is sufficient to show a felony.

Finding no reversible error, the judgment is affirmed.