Lucas v. State
| Decision Date | 19 January 1949 |
| Docket Number | No. 24218.,24218. |
| Citation | 216 S.W.2d 820 |
| Parties | LUCAS v. STATE. |
| Court | Texas Court of Criminal Appeals |
Appeal from Criminal District Court No. 2, Harris County; Langston G. King, Judge.
Ralph O. Lucas was convicted of the theft of property over the value of $50, and he appeals.
Judgment affirmed.
No attorney for appellant.
A. C. Winborn, Cr. Dist. Atty., and E. T. Branch and R. H. Gallier, Asst. Crim. Dist. Attys., all of Houston, and Ernest S. Goens, State's Atty., of Austin, for the State.
Appellant was convicted for the offense of theft of property over the value of Fifty Dollars, and his punishment was assessed at confinement in the state penitentiary for a term of ten years.
The record is before us without any bills of exception or objections to the court's charge. Consequently, the only question which we are required to consider and dispose of is the sufficiency of the indictment and the evidence to support his conviction.
The indictment, as it appears in the transcript, is sufficient in charging appellant with the offense of theft of a juke box, a mechanical musical instrument operated by coins, the value of which is alleged to be One Thousand Dollars, and is otherwise in due form.
The record shows that on the night of March 28, 1947, some one broke into the place of business owned and operated by Walter Zeisig located at Morgan's Point in Harris County, and took therefrom a juke box of the value of $900 and approximately $65 worth of cigarettes and cigars without the owner's consent. On or about the 21st day of April, A.D. 1947, appellant sold the juke box in question to one Sam Carnage of Caldwell, Texas, from whom it was subsequently recovered. The juke box in question was identified by the serial number on the inside thereof while the serial number on a metal plate which was tacked on the outside thereof had been removed.
Appellant did not testify, however, he called a witness one Arnold Atkins who testified that while he and appellant were in jail at Galveston, in the month of March, 1947, he, as agent for some undisclosed person, sold to appellant two or three juke boxes, but he did not know whether or not the juke box in question was one of them. This witness admitted he was in the penitentiary; that he had theretofore been convicted of felony theft in Harris County on the 9th day of April, 1945. The foregoing statement is a brief summary of the salient facts proved on the trial of the case and are deemed sufficient to sustain his conviction.
Appellant filed a motion for a new trial, which motion was not sworn to, in which he...
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King v. State
...in a motion for new trial; he has not done so here. Hill v. State, 153 Tex.Cr.R. 105, 217 S.W.2d 1009 (1949); Lucas v. State, 153 Tex.Cr.R. 11, 216 S.W.2d 820 (1949); Woods v. State, 152 Tex.Cr.R. 131, 211 S.W.2d 210 (1948). We overruled appellant's The judgment is affirmed. Opinion approve......
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...to briefs but not shown in the record will not be considered. Robertson v. State, 168 Tex.Cr.R. 35, 322 S.W.2d 620; Lucas v. State, Tex.Cr.App., 216 S.W.2d 820; Teniente v. State, 151 Tex.Cr.R. 438, 207 S.W.2d 379; Reeves v. State, 158 Tex.Cr.R. 27, 252 S.W.2d An examination of the above it......
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