Lewallen v. State

MORRISON, Presiding Judge.

The offense is felony embezzlement; the punishment, 3 years.

Appellant waived a jury and entered his plea of guilty before the court. The evidence is sufficient to establish that the appellant, acting with another, misapplied and converted the proceeds of a check in the sum of $3,165.85, which sum was the property of the corporation of which he was secretary and general manager.

He urges on this appeal that the trial court erred in assessing a punishment greater than the minimum and says that this court should review the testimony to determine if it will support a…