Pool v. State
| Decision Date | 15 October 1975 |
| Docket Number | No. 50168,50168 |
| Citation | 528 S.W.2d 255 |
| Parties | Billy Joe POOL, Appellant, v. The STATE of Texas, Appellee. |
| Court | Texas Court of Criminal Appeals |
Gene A. Garcia, Court appointed, Rockport, for appellant.
John H. Flinn, Dist. Atty., Sinton, Jim D. Vollers, State's Atty., and David S. McAngus, Asst. State's Atty., Austin, for the State.
DAVIS, Commissioner.
Appeal is taken from a conviction for theft. Punishment enhanced 1 under the provisions of V.T.C.A. Penal Code, Sec. 12.42(d) 2 was assessed at life.
The indictment alleged the primary offense occurred on or about the 2nd day of April, 1974, and the record reflects that trial was in July, 1974.
Appellant challenges the sufficiency of the evidence to support the conviction.
The pertinent portion of the indictment alleging the primary offense recites that appellant
'. . . did then and there unlawfully exercise control over property, other than real property, to wit, one radar, one radio receiving set and one tape recording player of the value of more than $200.00 and less than $10,000.00 said property having been stolen in Aransas County, Texas the said Billy Joe Pool knowing said property to be stolen, without the effective consent of Robert Coaker, the owner thereof, and with intent to deprive Robert Coaker of said property.' 2
Robert Coaker testified that the items in question were removed from his shrimp boat on April 2, 1974, without his consent.
Sheriff Hewes of Aransas County testified that he took a written confession from one David Hale regarding the offense. A portion of said confession was admitted into evidence reflecting that Hale and one John Peoples entered the Coaker boat during the early morning of April 2, 1974, and took the equipment in question.
Sheriff Hewes further testified that he and Ranger Peters went to Brownsville on April 5, 1974, and recovered a part of a radar set, a light, a stereo, a radio and a transmitter from one Gilbert Cortez and delivered these items to Coaker. Coaker identified the articles as being the equipment stolen from his boat on April 2, 1974.
Gilbert Cortez, operator of the Siesta Lounge in Brownsville, testified that appellant lived next door to his lounge. On April 2, 1974, appellant asked Cortez if he had a place to store some equipment and Cortez allowed appellant to place same in the trunk of Cortez' car. Cortez stated that this was the same equipment he turned over to Sheriff Hewes and Ranger Peters.
An essential element of the offense alleged is knowledge on the part of the accused that the property over which he exercised control was stolen.
The State urges that the evidence showing appellant in unexplained possession of recently stolen property is sufficient to support the conviction.
The offense charged in the instant case is similar to the offense denounced under Art. 1430, V.A.P.C., providing:
In Bradshaw v. State, Tex.Cr.App., 482 S.W.2d 233, this Court said:
Clearly, the quantum of proof in showing knowledge on the...
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Ex parte Cannon
...other than real property, obtained By another. These are essential elements of theft under subsection (b)(2), see Pool v. State, 528 S.W.2d 255 (Tex.Cr.App.1975), and are required to be alleged in an indictment alleging either of the methods of committing theft under this subsection. Art. 2......
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Adams v. State
...television set was stolen or that he intended to possess stolen property. See Crain v. State, Tex.Cr.App., 529 S.W.2d 774; Pool v. State, Tex.Cr.App., 528 S.W.2d 255. Association with a known fence is not sufficient to prove appellant's guilty knowledge. See Walker v. State, Tex.Cr.App., 53......
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Kleasen v. State
...interest. Clearly the evidence adduced at trial was insufficient to prove that appellant himself stole the trailer. Pool v. State, 528 S.W.2d 255 (Tex.Cr.App.1975); Bradshaw v. State, 482 S.W.2d 233 (Tex.Cr.App.1972). Due to the passage of time, this was not even possession of recently stol......
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Chavez v. State
...Appeals opinion is in conflict with the holding of this Court in Walker v. State, 539 S.W.2d 894 (Tex.Crim.App.-1976); Pool v. State, 528 S.W.2d 255 (Tex.Crim.App.-1975); and Hynson v. State, 656 S.W.2d 460 (Tex.Crim.App.-1983) holding that recent unexplained possession of stolen property d......