OPINION
WOODLEY, Judge.
The offense is felony theft of a stock of merchandise; the punishment, 8 years.
Prosecution was upon an indictment in the ordinary form for felony theft, but the State relied upon Art. 1413 P.C. (Theft by False Pretext).
Trial was before a jury upon a plea of not guilty and the punishment was assessed by the trial judge as provided in Art. 37.07(2) (c) C.C.P.
Though notice of appeal was given and entered of...
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