Lee v. State

HARPER, Judge.

Appellant was tried under an indictment containing two counts, one charging embezzlement and the other theft by bailee The court submitted only the count charging theft by bailee, and appellant was convicted under this count, and his punishment assessed at four years confinement in the State penitentiary.

One of the contentions made is that the evidence offered in behalf of the State will not support a verdict of guilty of theft by bailee. The evidence of the man from whom appellant obtained the goods, Mr. G. C. Gauntt, is as follows:. “I know M, Lee and had a transaction with…