Morris v. State

BELCHER, Commissioner.

The conviction is for felony theft by false pretext; the punishment assessed was ten years.

The prior opinion dismissing the appeal is withdrawn, and the appeal is re-instated.

On February 2, 1965, the appellant, Roy Morris, and Robert Lovell sold and installed lightning rods on the residence of Inez Benham, an 82 year old widow, which she paid for by check in the sum of $196. The Benham home was located about three miles from the town of Goliad. While testifying, Mrs. Benham identified Lovell when he momentarily appeared in the courtroom as the man with appellant at her…