Black v. State

GRAVES, Judge.

Appellants were convicted by a jury of the offense of swindling, a felony, and given a term of three years in the penitentiary.

This is the second appeal of this case, the former appeal being found in 149 S. W. (2d) 968, 141 Tex. Cr. R. 468.

The facts in the present case are similar to those found in the former appeal, and will not be set forth herein.

The indictment in this cause contains two counts. It consists of count one that alleges straight theft, under which could be proven a theft by false pretext, and the second count charged the offense of swindling. At the former trial…