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THORNEBERRY v. STATE

No. 29660.

311 S.W.2d 858 (1958)

Paul THORNEBERRY, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 26, 1958.

Attorney(s) appearing for the Case

Samuel H. Wilds, Dumas, for appellant.

Frank McCown, Dist. Atty., Dalhart, and Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

The conviction is for swindling; the punishment, two years in the penitentiary.

The indictment alleges that the appellant induced Luther Tipton to deliver to him a check in the amount of $75 which he cashed and received $75 in money by falsely representing to Tipton that the bowl of chili he ordered in Tipton's cafe when served contained a mouse, when in truth and in fact he knew there was no mouse in the bowl of chili at the time it...

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