Walker v. State

BELCHER, Judge.

Appellant was convicted for felony theft, and his punishment was assessed at two years in the penitentiary.

The indictment, drawn under Art. 1413, P.C., charges the theft, by false pretext, of 14,509 feet of lumber of the value of $1,089.22.

The state’s testimony shows that appellant had purchased lumber for several years from H. H. Andrews, and had given him a check in the amount of $1,069.04 for a load of lumber on March 3, 1953, and another check in the amount of $979.77 for lumber on March 9, 1953.

H. H. Andrews testified that about March 17, 1953, appellant telephoned him…