Kirkland v. State, 45461
| Decision Date | 20 December 1972 |
| Docket Number | No. 45461,45461 |
| Citation | 489 S.W.2d 298 |
| Parties | Prentiss Newton KIRKLAND, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Curtis Renfro, Vernon, Jean Hosey, Galveston, Richard D. Bird, Childress, for appellant.
Bill Neal, Dist. Atty., Vernon, Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.
This is an appeal from a conviction for the offense of misdemeanor theft. The indictment was for felony theft of property over the value of $50.00. The jury assessed the punishment at one year's confinement in the county jail and a fine of $250.00.
While on routine patrol the night of February 11, 1969, near Vernon, Patrolman Pat King of the Department of Public Safety observed an automobile with its lights off come out of a private driveway at Blake's Salvage Yard. The automobile traveled approximately one hundred yards before its lights were turned on. Patrolman King, knowing the business to be closed at that time of the evening and not recognizing the car as that of the owner of the business, Val Blake, followed the car.
He noticed that the car had out-of-county license plates. After observing the driver commit two traffic violations, he waited until the car came to a well-lighted place before stopping it. While checking the identity of the driver and appellant, a third person raised up from the back seat. King then shined the flashlight on the individual in the back seat and observed a large object covered with three coats lying on the floorboard. He discovered the object to be an oxygen tank such as the ones used in Blake's Salvage Yard.
Appellant's contentions concerning the legality of the search, the charge on circumstantial evidence and the sufficiency of the evidence have already been decided adversely to him in the companion case of Grego v. State, 456 S.W.2d 123, tried on the same evidence and where the identical complaints were made. They are again overruled.
Additionally, appellant alleges error in the trial court's failure to grant his motion to quash the indictment in that it failed to properly and adequately describe the stolen property. He contends the description, 'one oxygen container and the contents thereof, to-wit: oxygen,' as well as identifying it as the property of Val Blake is insufficient.
Article 21.09, Vernon's Ann.C.C.P., provides, 'When it becomes necessary to describe property of any...
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Wood v. State, 67486
...Bruner v. State, 509 S.W.2d 620 (Tex.Cr.App.1974); "One oxygen container and the contents thereof, to wit: oxygen," Kirkland v. State, 489 S.W.2d 298 (Tex.Cr.App.1972); "one television set," Mays v. State, 428 S.W.2d 325 (Tex.Cr.App.1968); "one tire" and "one wheel," Hendley v. State, 313 S......
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Bruner v. State, 48527
...of property to be sufficient. See White v. State, 505 S.W.2d 258 (Tex.Cr.App.1974) ('one (1) pick-up truck'); Kirkland v. State, 489 S.W.2d 298 (Tex.Cr.App.1972) ('one (1) oxygen container'); Ward v. State,446 S.W.2d 304 (Tex.Cr.App.1969) ('one (1) automobile'); Mays v. State,428 S.W.2d 325......
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Ortiz v. State, 04-86-00180-CR
...indeed the best evidence, and in proving value it is always admissible to resort to hearsay." 72 S.W.2d at 1093. In Kirkland v. State, 489 S.W.2d 298 (Tex.Crim.App.1972), the court held a receipt for the sale of an oxygen container to a third party admissible to prove the value of a similar......
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Hanna v. State, 52400
...evidence, not within any of the recognized exceptions to the hearsay rule, is proper proof of value in theft cases. Kirkland v. State, 489 S.W.2d 298 (Tex.Cr.App.1972); Gonzales v. State, 478 S.W.2d 522 (Tex.Cr.App.1972); Hermossilo v. State, 475 S.W.2d 252 (Tex.Cr.App.1971); Lucas v. State......