Height v. State

PRENDERGAST, Judge.

— Appellant was convicted of theft as a bailee and his punishment fixed at two years in the penitentiary.

There were only two witnesses who testified — Fuqua, the complaining witness, and the appellant. Taking the testimony of both, it establishes a hiring of the piano by Fuqua to appellant. It shows that Fuqua had appellant to keep his, Fuqua’s, piano stored in appellant’s house for Fuqua’s benefit, in consideration whereof he was to let appellant’s little girl use it to practice upon at appellant’s instance. Under the law and the decisions of this court this was a bailment…