DE NICOLA v. STATE

No. 25101.

236 S.W.2d 811 (1951)

DE NICOLA v. STATE.

Court of Criminal Appeals of Texas.

Rehearing Denied March 14, 1951.


Attorney(s) appearing for the Case

W. J. Baldwin, D. F. Sanders, J. A. Veillon, and M. Gabriel Nahas, Jr., all of Beaumont, for appellant.

George P. Blackburn, State's Atty., of Austin, for the State.


GRAVES, Presiding Judge.

Appellant was charged with theft over $50 by false pretext, and given a penalty of five years in the state penitentiary.

The injured party, Sam Rao, an Italian, 63 years old, casually met appellant in the city of Beaumont and conversed with him at different intervals. This intimacy grew with the days, appellant visiting Rao at his home and at one time presenting Rao's wife with a box of candy. Eventually, while these two were together...

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