
    HOWARD v. STATE.
    (No. 3471.)
    (Court of Criminal Appeals of Texas.
    March 17, 1915.)
    Laboeny <©=>88 — Theft of Automobile — Punishment — Statute.
    The theft of an automobile valued at $300 is punishable under Acts 33d Leg. c. 100, § 1, providing that one stealing any motor vehicle worth over $35 shall be imprisoned in the county jail for not less than six months and not more than one year, and not under the statute relating to the theft of property valued at more than $50, for which a penitentiary sentence is authorized.
    [Ed. Note. — For other cases, see Larceny, Cent. Dig. § 214; Dec. Dig. <®=>88.]
    Appeal from Criminal District Court, Dallas County; Robert B. Seay, Judge.
    A. L. Howard was convicted of the theft of an automobile, and he appeals.
    Reversed and remanded.
    J. T. Hightower, of Dallas, for appellant. C. G. McDonald, Asst. Atty. Gen., for the State.
   DAVIDSON, J.

Appellant was charged by indictment with theft of an automobile of the value of $300. He was tried in the district court and given two years in the penitentiary.

Under the recent act of the Legislature, theft of an automobile is made a misdemeanor. This matter was reviewed in the recent case of Sparks v. State, 174 S. W. 351, from Clay county, in an opinion by Judge Harper. Under the authority of that case, this judgment will be reversed, and the cause remanded.  