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BYRD v. STATE

No. 37986.

388 S.W.2d 196 (1965)

W. C. BYRD, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

March 24, 1965.

Attorney(s) appearing for the Case

Robinson & Wilson, by James E. Robinson, Abilene, J. W. Reid, Abilene (on appeal only), for appellant.

Leon B. Douglas, State's Atty., Austin, for the State.

BELCHER, Commissioner.

This is a conviction for misdemeanor theft of thirty dollars in currency; the punishment, a fine of $250 and one year in jail.

This case was submitted to the jury upon the theory of theft by false pretext as denounced by Art. 1413, P.C. The provisions of said Article which are applicable to this case read as follows:

"* * * or with any intent to deprive the owner of the value thereof, and appropriate the property to the use...

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