Conner v. State

CHRISTIAN, Judge. —

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

The prosecution proceeded under Art. 1413, P. C., which reads as follows: “The taking must be wrongful, so that if the property came into the possession of the person accused of theft by lawful means, the subsequent appropriation of it is not theft, but. if the taking, though originally lawful, was obtained by any false pretext, or with any intent to deprive the owner of the value thereof, and appropriate the property to the use and benefit of the person taking, and the same…