The offense is theft by bailee; the punishment, two years.
The indictment alleged in the first count, which was submitted to the jury, that appellant fraudulently converted to his own use $172.63 belonging to Wynford Eaden which he had in his possession "by virtue of an oral agreement entered into by and between Eddie Mason, Jr. and Wynford Eaden whereby Eddie Mason, Jr. was to use said money...
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