R.C. Perkins v. Texas Court Criminal Appeals

This appeal results from a conviction for felony theft wherein the punishment was assessed at ten (10) years by the trial court following a verdict of guilty. The appellate record1 reflects that James Hankins, owner of a cafe in Tyler, testified that on July 13, 1968, a Saturday, he opened his cafe at 5 p.m. and kept it open until about 4 a.m. Sunday when he closed it and fell asleep at one of the tables. The front door was locked and the back screen door was hooked. About 5:45 a.m. he was awakened by the sound of change falling to the floor. He went immediately to the area of the cash register, where he saw the appellant, whom he knew, and told him to put down the money or that he would call the police. The appellant, according to the witness, fled out the back door. Hankins testified that a money bag and over two hundred dollars ($200) were missing and removed from the premises. He determined that entry had been effected by cutting a hole in the back screen door. He related that he had not given the appellant or anyone else permission to enter his business establishment and take any personal property.