WILLIAMS v. STATE

No. 42083.

441 S.W.2d 853 (1969)

Elgie Lee WILLIAMS, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

May 21, 1969.


Attorney(s) appearing for the Case

C. C. Divine, Houston, for appellant.

Carol S. Vance, Dist. Atty., Allen Stilley, Asst. Dist. Atty., Houston, and Jim D. Vollers, State's Atty., Austin, for the State.


OPINION

BELCHER, Judge.

The conviction is for felony theft with a prior conviction for felony theft alleged for enhancement; the punishment, ten years.

The appellant's first contention is that an indictment charging theft will not support a conviction for the offense of swindling. In support of his position the appellant insists that the evidence is insufficient to show theft, but if there is proof of an offense, it is swindling.

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