Day v. State

HARPER, Judge.

Appellant was prosecuted and convicted of embezzlement of a sum in excess of $50, and his punishment assessed at two years confinement in the State penitentiary.

Many grounds are relied on to secure a reversal of this case, and we have carefully considered each of them, but only one of the grounds presents error. That appellant embezzled the money of the Chamber of Commerce of Wichita Falls is proven beyond doubt,—in fact is admitted by him in his testimony, yet he testified he appropriated at no one time as much as $50. He testified: “I have never denied I used the money of the…