Bundage v. State

ON STATE’S MOTION FOR REHEARING.

BEAUCHAMP, Judge.

The Honorable O’Neal Bendy, District Attorney, has filed a motion for rehearing in which he relies on Miles v. State, 103 S. W. 854, as authority for his contention that ownership was properly laid in Mrs. -Figueroa.

The facts of the Miles case are quite different from the instant case. Amunda Figueroa and his wife owned and operated a food market in San Angelo. Appellant went into this store and gave his check to the husband who testified: “At the time I took the check for the defendant I was pretty busy; we were all busy at the time; so I just…