Scott v. State

DICE, Judge.

Appellant was convicted of felony theft under an indictment charging him with the theft of One Hundred and Twenty-five Dollars, in money, from one, Edwin C. Penson, and assessed punishment of four years’ confinement in the penitentiary.

The evidence shows that the injured party, Penson, lost $125 in a transaction in which he (Penson), the appellant and one, Dubose, were involved.

According to the testimony of Penson, the following transpired: He went into a Henke & Pillot store in Houston and cashed a $125 check. While he was cashing the check appellant was in the store. After…