James v. State

DAVIDSON, Judge.

Theft is the offense; the punishment, two years in the State penitentiary.

Steers, the injured party, operated a drug store at Handley, *32in Tarrant County. It was his custom at the close of business each day to place his receipts in a cigar box in a safe over night. Each morning the cigar box and receipts would be taken from the safe to the cash register near the front of the store. About seven o’clock on the morning of April 27, 1946, Steers, after opening his store, had placed the cigar box containing something over $150.00 in cash upon a counter near the cash register when…