Davis v. State

ON MOTION FOR REHEARING

BRADY, Justice.

On motion for rehearing, the original opinion handed down by this Court on March 13, 1985, is withdrawn and the following opinion submitted.

Appellant, Frank W. Davis, II, appeals from a conviction of the offense of theft of over ten thousand dollars. Tex.Pen.Code Ann. §• 31.01 (1977). The jury assessed appellant’s punishment at confinement in the Department of Corrections for a period of ten years, and a ten thousand dollar fine.

Davis, as president and owner of Bub Davis Packing Company, maintained four separate accounts in the company’s name at the First…