SCHOENBECK v. STATE

No. 27833.

288 S.W.2d 121 (1956)

M. D. SCHOENBECK, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

February 15, 1956.


Attorney(s) appearing for the Case

McDonald & Anderson, by C. C. McDonald, Wichita Falls, for appellant.

Leon B. Douglas, State's Attorney, Austin, for the 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The former opinion delivered in this case is withdrawn and the following substituted therefor: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, so that if the property came into the possession of the person accused of...

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