Maxwell v. State

Christian, Judge.

The offense is theft by false pretext; the punishment, confinement in the penitentiary for five years.

In applying the law of theft by false pretext to the facts the court instructed the jury that if they believed from the evidence beyond a reasonable doubt that property belonging to the injured party of the value of fifty dollars came into the possession of the appellant by a false pretext they would find appellant guilty. In his exception to the charge appellant pointed out the particulars in which it was inadequate.

We quote from Barnett v. State, 43 S. W. (2d) 449, as…