MORRIS v. STATE

No. 387I5.

402 S.W.2d 161 (1966)

Roy Eugene MORRIS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied May 18, 1966.


Attorney(s) appearing for the Case

Samuel L. Egger, San Antonio, for appellant.

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


BELCHER, Commissioner.

The conviction is for felony theft by false pretext; the punishment assessed was ten years.

The prior opinion dismissing the appeal is withdrawn, and the appeal is re-instated.

On February 2, 1965, the appellant, Roy Morris, and Robert Lovell sold and installed lightning rods on the residence of Inez Benham, an 82 year old widow, which she paid for by check in the sum of $196. The Benham home was located about three miles from...

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