WILSON v. STATE

No. 28645.

297 S.W.2d 830 (1956)

Bennie WILSON, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

December 12, 1956.


Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

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


WOODLEY, Judge.

The conviction is for the offense of theft of property of the value of $50 or over; the punishment, two years in the penitentiary.

The property alleged and proved to have been stolen was 221½ pounds of dressed poultry of the value of 30 cents per pound.

The question raised by appellant is bottomed upon Arts. 1420 and 1423 P.C., the contention being that the prosecution should have been for theft of chickens under Art. 1442b V.A...

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