Mitchell v. State

DAVIDSON, Judge.

Appellant was convicted of misdemeanor theft, his punishment being assessed at a fine of $50 and thirty days imprisonment in the county,jail.

Substantially, the evidence is that appellant sold the Caldwell Bros. some pecans. Appellant knew nothing about the weight, and, of course, was ignorant as to the amount of money that the Caldwell Bros, would owe him, except from Caldwell’s statement. Caldwell’s state- ^ ment was that the pecans weighed a few pounds over 200. He wrote tout a check and handed it to appellant, who took it and went away. ¡This check was written for $31.…