Byrd v. State

BELCHER, Commissioner.

This is a conviction for misdemeanor theft of thirty dollars in currency; the punishment, a fine of $250 and one year ir. jail.

This case was submitted to the jury upon the theory of theft by false pretext as denounced by Art. 1413, P.C. The provisions of said Article which are applicable to this case read as follows:

“ * * * or with any intent to deprive the owner of the value thereof, and appropriate the property to the use and benefit of the person taking, and the same is so appropriated, the offense of theft is complete

It will be noted that, under these provisions of…