Wagner v. State

OPINION

DOUGLAS, Judge.

The conviction is for the offense of theft by false pretext under Article 1413, former penal code. Following the return of a verdict of guilty by the jury, the court assessed punishment at five years, probated. On appeal, Wagner challenges the sufficiency of the evidence.

After viewing the evidence in the light most favorable to the jury’s verdict, we conclude that it is insufficient to show a false pretext and reverse the conviction. On April 11, 1973, Ovidio Gutierrez Martinez entered into an agreement to purchase three grain silos from Wagner for $30,-000.00 with a 25…