Powell v. State

DAVIDSON, Judge.

This is an appeal from a conviction of theft by false pre-. text; the punishment, five years in the state penitentiary.

Théft by false pretext arises under Art. 1413, P. C., and is the obtaining of possession of property of another, by false pretext or device, with the fraudulent intent, at the time the property is acquired, to appropriate it to the use and benefit of the one acquiring same, followed by such appropriation. Maxwell v. State, 115 S. W. (2d) 937, 134 Tex. Cr. R 311; Nichols v. State, 109 S. W. (2d) 1057, 133 Tex. Cr. R 294; and authorities cited under Art. 1413,…