McBride v. State
| Decision Date | 21 February 1973 |
| Docket Number | No. 45731,45731 |
| Citation | 490 S.W.2d 560 |
| Parties | James Gayle McBRIDE, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Charles C. Cooke, III, Dan M. Boulware, Cleburne, for appellant.
Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.
This appeal stems from a conviction for receiving and concealing stolen property where the punishment was assessed at two (2) years.
The indictment charged the appellant with receiving and concealing a 1963 Corvette automobile of the value of $600.00 belonging to Michael V. Kelly, II.
In three grounds of error appellant challenges the sufficiency of the evidence to sustain the conviction.
On May 7, 1969, Texas Highway Patrol Officers Busby and Wells, while driving on Farm Road 917 in Johnson County, observed a Chevrolet Corvette automobile parked near the 'not real modern' house of Wesley Sharp. They drove to the house and, while having a conversation with Sharp, observed two other Corvettes. They obtained permission from Sharp to examine the cars and found the cars had no license plates and that on at least two the vehicle identification numbers had been prized off. In the woods nearby the officers discovered a 16 foot tandem trailer containing approximately 50 tires and wheels and numerous other automotive accessories.
The officers determined that the two 1967 Corvettes and one 1963 Corvette they had found were stolen and had then and the trailer towed to Alvarado. There Officer Busby found the secret vehicle identification number on the 1963 Corvette to be 308375120678 and learned that it was registered to Michael V. Kelly, II.
Wesley Sharp's wife, Billy Jean, testified that on April 25, 1969, at 6:30 P.M., her brother-in-law, James Ray Sharp, and the appellant McBride and a third man named Charles brought some cars to her house and asked permission to store them there; that other cars were brought there at 9:30 to 10:00 P.M. and again at 1:00 A.M., 3:00 A.M. and 6:15 A.M. on April 26. She related the three men brought a total of ten cars, including an El Camino pickup, as well as a wrecker and a tandem trailer. She related that the appellant and her brother-in-law told her they had bought a car lot in Ft. Worth and wanted to store the cars to prevent theft of parts until they were ready to open the lot for business. She offered to buy one of the cars, a green Mustang, but the appellant informed her he intended to keep it for his wife.
Subsequently, the wrecker was moved, and then Mrs. Sharp was informed the pickup had been sold to a man named Bill and later some man came and took the pickup. On May 5 and 6, 1969, the appellant and James Ray Sharp moved all of the cars except the three Corvettes and the trailer.
Wesley Sharp generally corroborated his wife's testimony.
William Ross Cunningham testified that he and his brother, Donald, owned a car lot near Graham and one near Weatherford, and that in April, 1969, they had a conversation with the appellant, James Ray Sharp and a man named Elliott. The conversation related to removing certain cars including a 1963 Corvette from the two lots. The appellant and his companions were asked if they wanted the cars and were told that the cars were 'probably stolen.' Subsequently the cars were removed by the appellant and his companions. There was no consideration involved.
Later, Cunningham met with Officer James Hobbs of the Dallas Police and Bryam Clark of the National Automobile Theft Bureau and was told that the cars involved were stolen and should be returned immediately.
Then the Cunningham brothers met with the appellant, James Ray Sharp, and Elliott at the Black Stallion restaurant north of Alvarado and informed them of the conversation with Hobbs and Clark. The three told the Cunningham brothers the wrecker had been sold, and that the pickup had been parked on a street in Ft. Worth where it could be found by the police. Then, on May 5 and 6, 1969, the appellant and his...
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Hardeman v. State
...he may be guilty of unlawfully concealing the property, after learning it was stolen. See Trammell v. State, supra; McBride v. State, 490 S.W.2d 560 (Tex.Cr.App.1973); Brown v. State, 152 Tex.Cr.R. 39, 211 S.W.2d 234 (1948); Rodriguez v. State, 134 Tex.Cr.R. 317, 115 S.W.2d 905 (1938); McLe......
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Trammell v. State, 47087
...1430, Vernon's Ann.P.C., that the defendant both receive and conceal. Cuilla v. State, 80 Tex.Crim. 41, 187 S.W. 210; McBride v. State, Tex.Cr.App., 490 S.W.2d 560. He is guilty of he offense if, fter learning that the property had been stolen, he conceals it, though his receipt may have be......
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Chudleigh v. State
...be guilty of concealing stolen property if after receiving it he conceals the property after learning it was stolen. McBride v. State, 490 S.W.2d 560 (Tex.Cr.App.1973). Under all of the evidence, the jury was warranted in its conclusion that appellant knew the car was stolen and thereafter ......