Brown v. State

ON MOTION EOR REHEARING.

LATTIMORE, Judge.

The proposition is ably discussed in the motion that though the facts may show a case of theft by false pretext, yet if it appears that at the time appellant came into possession of the money he then intended to fraudulently appropriate it, — he may not be guilty of embezzlement but may be convicted of theft by false pretext; and it is insisted that the testimony shows such to be the ease.

The question is of some interest, but seems to have been decided against appellant’s contention even if his conclusion as to the facts be correct. In Leonard v.…