Phillips v. State

DICE, Judge.

The conviction is for misdemeanor swindling; the punishment, six months in jail and a fine of $100.

The information charged the unlawful acquisition of $49.70 by means of certain false pretenses and devices and fraudulent representations made by the appellant to Mrs. Sam Day.

The sufficiency of the evidence to sustain the conviction is challenged.

The only evidence identifying the appellant with the transaction upon which the prosecution is based is found in the testimony of Mrs. Day, the prosecuting witness, from which we quote:

“Q — Mrs. Day, do you recall about the 4th of April of…