Rolan v. State

Citation338 S.W.2d 457,170 Tex.Crim. 88
Decision Date22 June 1960
Docket NumberNo. 32004,32004
PartiesMarion Charles ROLAN, Appellant, v. STATE of Texas, Appellee.
CourtTexas Court of Criminal Appeals

[170 TEXCRIM 89] Murray J. Howze, Monahans, for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

WOODLEY, Judge.

The conviction is for felony theft; the punishment, two years.

The state's evidence was to the effect that appellant went to C. F. Garrett's place of business in Andrews on April 12, 1955, and arranged to sell some thread protectors, stating that he had them at home and would bring them.

The following day he brought the thread protectors which had been stolen from a Woodley Petroleum lease during the night, and sold them to Garrett for $43.54.

Later the same day Mr. Garrett delivered the thread protectors to Sheriff Peacock who also obtained the license number of the automobile.

The sheriff went to appellant's home and waited for him, and after finally making contact appellant admitted selling the thread protectors to Garrett and said that he got them on a lease west of town, and that 'a man gave them to him out there.'

Appellant was charged with the theft of the thread protectors, the value of which was alleged and proved to be more than $50, and was indicted in July 1955. He failed to appear, as required by his appearance bond, and was not arrested until January 1956. Trial resulting in the conviction appealed from was had in November 1956.

Appellant did not testify. He called his wife who testified that he came home on the night of April 12, 1955, about midnight, went to bed and did not leave until 8 the next morning. She also testified that appellant acquired the thread protectors in Andrews, 'right across from where we were living at the time' from a man whose name she did not know; that the man had a flat and offered to sell the thread protectors to appellant for $20, and that he went to the junk yard to see if they would buy them and then went back and bought them.

[170 TEXCRIM 90] It should be remembered that according to the state's witness Garrett appellant had arranged the sale before the thread protectors were removed from the lease west of town.

On cross-examination of the wife, her attention was directed to the motion for continuance which appellant had sworn to and filed in February 1956, which stated that he was not in Andrews County on the date she had testified he was at home.

The jury resolved the defensive issues raised by his...

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3 cases
  • Barnett v. State
    • United States
    • Texas Court of Criminal Appeals
    • February 19, 1969
    ...did not testify, only the testimony of Agent Conley and the surrounding facts and circumstances can be considered. In Rolan v. State, 170 Tex.Cr.R. 88, 338 S.W.2d 457, the officer, as in the present case, had no warrant of arrest. While investigating the theft of stolen property, the office......
  • Jobe v. State, 43321
    • United States
    • Texas Court of Criminal Appeals
    • January 13, 1971
    ...Court No. 4 Dallas County, Texas' The trial court did not reversibly err in admitting these statements in evidence. Rolan v. State, 170 Tex.Cr.R. 88, 338 S.W.2d 457; Glass v. State, Tex.Cr.App., 402 S.W.2d 173; Newhouse v. State, Tex.Cr.App., 420 S.W.2d The appellant's ground of error is ov......
  • Gilbreath v. State, 39505
    • United States
    • Texas Court of Criminal Appeals
    • February 1, 1967
    ...he is under arrest. De Lira v. State, 164 Tex.Cr.R. 194, 297 S.W.2d 953; Branch's P.C., Sec. 85, p. 84, 2nd Edition. In Rolan v. State, 170 Tex.Cr.R. 88, 338 S.W.2d 457, this Court held that statements made by the appellant when interviewed by the Sheriff during a theft investigation were p......

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