ben.E. New v. State

KRUEGER, Judge.

The appellant was convicted of the offense of theft of property over the value of fifty dollars, and his punishment was assessed at confinement in the state penitentiary for a term of eight years.

This case was before this court on two former occasions. The last opinion delivered by the court will be found reported in 83 S. W. (2d) 668. The substance of the testimony as there set out is very similar to that on this appeal. Therefore we do not deem it necessary to here restate the substance of the same.

Appellant’s first complaint is that the court erred in overruling his motion…