Johnson v. State

ON MOTION FOR REHEARING.

GRAVES, Judge.

Appellant’s complaint resolves itself into the proposition that the facts herein show a swindle, if anything, rather than a theft by false pretext in that the testimony shows a passing of both title and possession, which makes up the constituent elements of a swindle and not a theft. As authority for such proposition appellant offers the cases of Slack v. State, 13 S. W. (2d) 113; Price v. State, 91 S. W. 571; Elbury v. State, 25 S. W. (2d) 847; Legler v. State, 262 S. W. 478, 97 Tex. Cr. R. 465; Arnold v. State, 176 S. W. 159; Lewis v. State, 171 S. W.…