SCOTT v. STATE

No. 27484.

276 S.W.2d 525 (1955)

Aubrey Lee SCOTT, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 23, 1955.


Attorney(s) appearing for the Case

Harry P. Jarvis, Thomas M. Mobley, Houston, for appellant.

Dan Walton, Dist. Atty., Eugene Brady, Jr., Asst. Dist. Atty., Houston, Leon Douglas, State's Atty., Austin, for the State.


DICE, Commissioner.

Appellant was convicted of felony theft under an indictment charging him with the theft of $125, in money, from one Edwin C. Penson, and assessed punishment of four years' confinement in the penitentiary.

The evidence shows that the injured party, Penson, lost $125 in a transaction in which he (Penson), the appellant, and one Dubose, were involved.

According to the testimony of Penson, the following transpired: He went into a Henke...

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