Gentry v. State

OPINION

GREEN, Commissioner.

In a trial before a jury, appellant was convicted of felony theft. His punishment was assessed by the court at a term of ten (10) years.

The sufficiency of the evidence is not challenged. The State’s evidence made out a case of theft by fraudulent pretext, as provided in Article 1413, Vernon’s Ann.P. C.

The record reflects that for a period of several years prior to 1968 the appellant had been a customer of the Bank of Austin, and that in October, 1968, had outstanding loans with the bank amounting to approximately $79,000.00. On November 11, 1968, he made a written…