Davis v. State

266 S.W.2d 174 (1953)

DAVIS

v.

STATE.

No. 26650.

Court of Criminal Appeals of Texas.

December 2, 1953.

On Rehearing February 17, 1954.

Ray Martin, Wichita Falls, for appellant.

Wesley Dice, State's Atty., of Austin, for the State.

BELCHER, Commissioner.

The indictment charges appellant under Art. 567b, Vernon's Ann.P.C., with giving a check of over the amount of $50, without sufficient funds and, for the purpose of enhancing the punishment, two prior convictions for felonies less than capital were also alleged. Upon conviction, his punishment was assessed at life imprisonment.

Ward Phenix testified that…