Massey v. State

ON APPELLANT'S motion for rehearing.

DAVIDSON, Judge.

Appellant renews his insistence that the facts do not warrant the conviction. He insists that the facts show only the relation of debtor and creditor and that the false representation that a check was then in the mail to cover prior purchases and that he would send a check by the truck driver for the order he was then making did not alter or change the legal effect of the purchase, nor did it constitute such a false pretext as would authorize this conviction.

Whether the facts show theft by false pretext or swindling need not be determined,…