Elliott v. State

Shulman, Judge.

The appellant appeals from his conviction on two counts of theft by taking. We reverse.

1. The evidence shows, and the jury was authorized to find, that the appellant approached two merchants and expressed a desire to purchase furniture and appliances. Since he had the use of a pickup truck for the day, the appellant requested that the merchandise be delivered to him then and represented that he would return in several days with the money. Both merchants agreed, and the items were removed by the appellant. He never returned. As the result of his failure to pay, he was indicted…