Mann v. State

DAVIDSON, Judge.

Theft is the offense; the punishment, five years in the penitentiary.

Benedict was employed as a watch maker by the Crowell Jewelry Company in Plainview and, at the time mentioned herein, was in charge of the store.

About 12:30 o’clock on the afternoon of April 23, 1954, ap*433pellant, accompanied by his wife and Elloise Woods, came into the store. His wife approached Benedict, who was in the rear of the store, and asked him to look at her watch, which she handed to him. Benedict took the watch to his bench, examined it, and told the woman that it was dirty and needed cleaning.…