Dempsey v. State, 37906
| Decision Date | 17 March 1965 |
| Docket Number | No. 37906,37906 |
| Citation | 387 S.W.2d 891 |
| Parties | Jeannie DEMPSEY, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
John Knoff, Gene Barrington, Houston, for appellant.
Frank Briscoe, Dist. Atty., Carl E. F. Dally, James C. Brough and Ripley E Woodard, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.
BELCHER, Commissioner.
The conviction is for felony theft; the punishment, two years.
T. S. Prescott testified that he was the owner and operator of a service station and that in response to a telephone call while at home for his evening meal, he immediately returned to the station and found missing therefrom three small cans of Bardahl oil and $94 in one-dollar bills from two cigar boxes which were under the counter. He testified that Edward Melcer had been in charge of the station while he was gone.
On December 11, about 7:30 P.M., with Duffey driving, the appellant, Joy Graves, and Edgar Duffey drove an automobile into a service station. Duffey said he was having motor trouble. While Melcer and Naivar, an attendant, helped Duffey with the car, appellant and her woman companion walked over to a Bardahl oil rack and then went inside the station, out of the cold weather. When Naivar entered the building to get a quart of oil, one woman was in front of the desk with the drawer partly open. The desk drawer had been closed. Naivar then went outside and talked with Claude Kristinek, who had just arrived, and he (Kristinek) went inside. The girls left the building, got in the car with Duffey and drove away. Melcer testified that he did not give the appellant or her companions consent to take the money or the oil.
Claude Kristinek testified that after talking with Melcer and Naivar at a service station about 7 P.M., he drove away looking for a man and two women in an automobile. After going a short distance and between five and ten minutes later, he saw these three persons at another service station. The appellant and her woman companion were inside the service station building while the attendant and Duffey were at the grease rack with the car. As Kristinek entered the station building one of the women closed the desk drawer.
Deputy Sheriff Cowart testified that following the arrest of Duffey and Joy Graves shortly after receiving a report of a theft at a service station, one small can of Bardahl oil was found on the seat of the automobile, two more were found in the Graves woman's purse and some money was recovered from Duffey and Graves. He further testified that the appellant told him at the Sheriff's Office that 'we' got the money from the cigar box which was under the desk in the...
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