Franco v. State

Court of Criminal Appeals of Texas

Franco v. State

312 S.W.2d 638, 1958 Tex. Crim. App. LEXIS 4825

CourtCourt of Criminal Appeals of Texas

DecidedMay 7, 1958

DocketNo. 29661

StatusPublished

Cited by3 cases

This text of 312 S.W.2d 638 (Franco v. State) is published on Counsel Stack Legal Research, covering Court of Criminal Appeals of Texas primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Franco v. State, 312 S.W.2d 638, 1958 Tex. Crim. App. LEXIS 4825 (Tex. 1958).

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Opinion

MORRISON, Presiding Judge.

The offense is misdemeanor theft; the punishment, 40 days in jail.

The record has now been perfected, and our two prior opinions dismissing this appeal are withdrawn.

The information alleged that the appellant stole a radio of the value of $40. We have searched this record in vain and fail to find any evidence whatsoever as to the value of the radio in question. It is axiomatic that in theft cases there must be some proof of the value of the stolen property. Keenan v. State, 120 Tex.Cr.R. 616, 48 S.W.2d 264, and Givens v. State, 143 Tex.Cr.R. 277, 158 S.W.2d 535.

In view of another trial, we express serious doubt as to the sufficiency of the evidence to show that the property was found in the exclusive possession of the appellant.

For the error pointed out, the judgment is reversed and the cause remanded.

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