CLEVELAND v. STATE

No. 41979.

438 S.W.2d 807 (1969)

L. V. CLEVELAND, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

April 2, 1969.


Attorney(s) appearing for the Case

John F. Morehead, Plainview, for appellant.

Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

DOUGLAS, Judge.

The conviction is for theft of property over the value of fifty dollars. Two prior convictions of felonies less than capital were alleged for enhancement purposes. The punishment was assessed at life.

The indictment alleged ordinary theft of money from Struve's Department Store. The prosecution was for theft by false pretext under Art. 1413, Vernon's Ann.P.C. The State's theory...

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