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Moore v. State

Court of Criminal Appeals of Texas
Nov 12, 1969
446 S.W.2d 877 (Tex. Crim. App. 1969)

Summary

holding store employee's identification of appellant as thief was sufficient to uphold conviction

Summary of this case from Ramon v. State

Opinion

No. 42360.

November 12, 1969.

Appeal from the Criminal District Court No. 4, Dallas County, John Mead, J.

Bill Glaspy, Mesquite, for appellant.

Henry Wade, Dist. Atty., Malcolm Dade, Camille Dade, Camille Elliott, James P. Finstrom, Annelle Moody, Harold Entz and John Stauffer, Asst. Dist. Attys., Dallas, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION


The offense is felony theft; the punishment, eight years.

Appellant's primary ground of error is that the court erred in overruling his first motion for a continuance based on the absence of a witness which was filed on the day of the trial. There is no showing that process had ever been issued for such absent witness. No affidavit of the missing witness was attached to the motion for continuance or to the motion for new trial. No error is presented. Gordzelik v. State, 157 Tex.Crim. 68, 246 S.W.2d 638.

The employee of Neiman-Marcus from which the suit was stolen positively identified appellant as the thief. The evidence is ample to support the conviction. His second ground of error is overruled.

Finding no reversible error, the judgment is affirmed.


Summaries of

Moore v. State

Court of Criminal Appeals of Texas
Nov 12, 1969
446 S.W.2d 877 (Tex. Crim. App. 1969)

holding store employee's identification of appellant as thief was sufficient to uphold conviction

Summary of this case from Ramon v. State

holding that store employee's positive identification of appellant as thief was by itself ample evidence to support conviction

Summary of this case from Anderson v. State

concluding that positive identification by single employee of store was sufficient to support conviction for felony theft

Summary of this case from Ramirez v. State
Case details for

Moore v. State

Case Details

Full title:Alfred James MOORE, Appellant, v. The STATE of Texas, Appellee

Court:Court of Criminal Appeals of Texas

Date published: Nov 12, 1969

Citations

446 S.W.2d 877 (Tex. Crim. App. 1969)

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