Downs v. State

MORROW, Judge.

This appeal is from a judgment condemning appellant to confinement in the State penitentiary for a term of two years upon an indictment and conviction for theft. .

It appears appellant deposited his suit case with the agent of the Texas & Pacific Railway Company in charge of its baggage room in Fort Worth, and received a check corresponding with the number on his suit case, which was 53,252. He returned the check, and the agent by mistake gave him a suit case belonging to another party, on which the check number was 52,352. Appellant claimed that he did not discover the mistake…