Thornton v. State

WOODLEY, Presiding Judge.

The indictment, in the ordinary form for charging felony theft, alleged that appellant took $350.00 in cash from Alvin Spencer without his consent, on or about August 21, 1957.

The case was submitted to the jury as one of theft by false pretext of $350.00 in cash.

The facts relied upon by the state, viewed in the light most favorable to the verdict finding appellant guilty as charged in the indictment, and assessing his punishment at 3 years in the penitentiary, are these.

Appellant owned a number of lots in the colored section of Littlefield, on one of which was a four…