Fleischman v. State

ON REHEARING.

June 8, 1921.

HAWKINS, Judge.

A motion for rehearing has been filed on behalf of the State by the Honorable Brady P. Gentry, County Attorney of Smith County. In connection with the motion he presents an able and ingenious argument urging that we were in error in holding that appellant was not guilty of theft under Article 1329, P. C. He insists that appellant lawfully obtained care, control and management of the barn, but that he did not obtain lawfully the actual care, control and management of the severed parts; that the legal care, control, man- ■ agement and possession of the…