Smith v. State

ON MOTION FOR REHEARING.

DAVIDSON, Judge.

In his motion for rehearing, appellant renews his contention that the facts do not show a case of theft by false pretext. We have ag'ain examined the facts and are unable to so agree.

When Mrs. Odom surrendered the oats into appellant’s pos- ■ session, she did so, according to her testimony, upon the representation of the appellant that he would carry them to town and would weigh them in order to know the amount due or to be paid therefor at the price agreed upon; and that, upon such amount being ascertained, he would place the money therefor in the…