Barnett v. State

LATTIMORE, Judge.

Conviction for theft; punishment, five years in the penitentiary.

The indictment in this case charged theft in the usual form. The proof showed that the owner of the alleged stolen money drew it out of a bank and delivered it to appellant to be used by him in a game of poker, at which the owner was present but not, if his testimony is true, participating. The state claimed that appellant represented to said owner at the time that he was absolutely sure to win upon hands already dealt, and claimed by appellant to be both known to him, — and that appellant would at once return…