Barefield v. State

ON state’s motion for rehearing

WOODLEY, Judge

Our prior opinion on this appeal is withdrawn and the reversal set aside.

The conviction is for theft of a check of the value of $25.00; the punishment, two years in jail and a fine of $500.00.

A prior trial resulted in a similar verdict, the judgment being reversed by this court because of an error in the court’s charge. Barefied v. State, 165 Tex. Cr. Rep. 581, 309 S.W. 2d 451.

The witness Henry Ardoin was under indictment in Galveston County for sodomy. Appellant was the arresting officer and an eye witness. Ardoin testified that early in April,…