BERGMAN v. STATE

No. 35245.

370 S.W.2d 895 (1963)

Vernon E. BERGMAN, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied June 26, 1963.

Second Motion for Rehearing Denied October 16, 1963.


Attorney(s) appearing for the Case

Rex Emerson, J. Charles Whitfield, Jr., Houston, for appellant, on appeal only.

Frank Briscoe, Dist. Atty., Carl E. F. Dally and Lee P. Ward, Jr., Asst. Dist. Attys., Houston, and Leon B. Douglas, State's Atty., Austin, for the State.


McDONALD, Judge.

The offense is felony theft; the punishment, seven years' confinement in the penitentiary.

Joe J. Ruffino, proprietor of the Royal Oaks Grocery located at 1603 Gestner Road, in Houston, Harris County, testified that on the 8th day of September, 1959, the appellant came into his store and purchased $2.96 worth of merchandise and gave him a check in the amount of $52.96. In addition to the groceries the grocer gave him $50 in cash. The witness...

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