Hawkins v. State

McCORD, Judge.

The appellant in this case has appealed from a conviction for theft wherein his punishment was assessed at a fine of $40 and thirty days imprisonment in the county jail.

The information contains three counts: First, swindling by false and fraudulent pretexts and representations; second, theft of property under article 858 of White’s Penal Code; and, third, theft by conversion as bailee. The case was submitted to the jury on the second count in the information, resulting in the appellant’s conviction. A motion was made in the court below to quash the second count, and was also…