Gose v. State

CHRISTIAN, Judge. —

The offense is theft; the punishment, confinement in the penitentiary for three years.

J. W. Keene owed a note on his farm. He delivered a check payable to appellant in the sum of $896.67 to someone in appellant’s office. Appellant told him to carry the check to his office and that he would send it to the loan company. The check was never received by the company, the testimony on the part of the State being to the effect that appellant cashed the check and converted the proceeds to his own use and benefit.

The State was permitted to introduce in evidence, over appellant’s…