Cox v. State

MORROW, Judge.

Appellant was indicted and convicted for the offense of theft by bailee and his punishment assessed at two years confinement in the State penitentiary.

The appellant hired an automobile from Ed Stevens, the owner, and while in possession of it agreed to sell it, but the sale was not consummated. It was the State’s theory that the agreement to sell the property constituted a conversion of it, rendering, appellant guilty of theft by bailee.

The owner of the car testified that he had agreed that the appellant might sell the car and agreed to pay him a commission to sell it. The…