Schoenbeck v. State

DAVIDSON, Judge.

The former opinion delivered in this case is withdrawn and the following substituted therefor:

This is a conviction for theft, with punishment assessed at two years in the penitentiary.

This case was submitted to the jury upon the theory of theft by false pretext, as denounced by Art. 1413, P. C., which reads as follows:

“The taking must be wrongful, so1 that if the property came into the possession of the person accused of theft by lawful means, the subsequent appropriation of it is not theft, but if the taking, though originally lawful, was obtained by any false pretext, or…