Perales v. State, 29589

Decision Date26 February 1958
Docket NumberNo. 29589,29589
Citation310 S.W.2d 335,165 Tex.Crim. 638
PartiesJesus PERALES, Appellant, v. The STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

[165 TEXCRIM 638]

Theo. Pat Henley, San Antonio, for appellant.

[165 TEXCRIM 639] Leon B. Douglas, State's Atty., Austin, for the State.

DAVIDSON, Judge.

This is a conviction for the theft of an automobile alleged to be of the value of $200. The punishment was assessed at life imprisonment in the penitentiary by reason of two prior felony convictions.

Appellant challenges the sufficiency of the evidence to support the conviction for the primary offense charged, which is the theft of an automobile, because there was no evidence showing that the stolen automobile was valued in excess of $50.

It is a felony in this state to steal an automobile only when the value is $50 or over. It becomes imperative, then, that the value of the automobile alleged to have been stolen must be proven. Price v. State, Tex.Cr.App., 308 S.W.2d 47.

Because the evidence is insufficient to support the conviction, the judgment is reversed and the cause is remanded.

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3 cases
  • Wilson v. State, 51373
    • United States
    • Texas Court of Criminal Appeals
    • May 12, 1976
    ...State, Tex.Cr.App., 491 S.W.2d 421 (citing Ballinger v. State, supra); Franco v. State, Tex.Cr.App., 321 S.W.2d 638; Perales v. State, 165 Tex.Cr.R. 638, 310 S.W.2d 335; and Price v. State, 165 Tex.Cr.R. 326, 308 S.W.2d 47. To permit a conviction to stand where the State has utterly failed ......
  • Ballinger v. State
    • United States
    • Texas Court of Criminal Appeals
    • June 14, 1972
    ...to be over $50.00. McKnight v. State, Tex.Cr.App., 387 S.W.2d 662; Price v. State, 165 Tex.Cr.R. 326, 308 S.W.2d 47; Perales v. State, 165 Tex.Cr.R. 638, 310 S.W.2d 335; Isbell v. State, Tex.Cr.App., 437 S.W.2d 270, and Barnes v. State, Tex.Cr.App., 467 S.W.2d The proof in this case shows t......
  • Morris v. State, 35819
    • United States
    • Texas Court of Criminal Appeals
    • May 29, 1963
    ...of the value of the automobile, and that under authority of Price v. State, 165 Tex.Cr.R. 326, 308 S.W.2d 47, and Perales v. State, 165 Tex.Cr.R. 638, 310 S.W.2d 335, the evidence is insufficient to sustain this conviction. The contention of the appellant in this regard is that the testimon......

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