Speer v. State

The offense is theft; the punishment, confinement in the penitentiary for three years.

The conviction was under an ordinary indictment for theft as defined in article 1410, Penal Code.

Appellant was sheriff of Walker county. On May 31, 1929, he sent his account to the Comptroller, showing that the state owed him fees amounting to $1,626.95. On the same date the Comptroller issued a warrant, payable to appellant, in the sum of $2,626.95. This warrant was mailed to appellant, and he received it in Walker county. It appears that the excess of a thousand dollars was due to an error on the part of…