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FISHER v. STATE

No. 45367.

487 S.W.2d 335 (1972)

Olin FISHER, Appellant, v. The STATE of Texas, Appellee.

Court of Criminal Appeals of Texas.

Rehearing Denied December 20, 1972.

Attorney(s) appearing for the Case

Melvyn Carson Bruder, Dallas (Court appointed on appeal), for appellant.

Henry Wade, Dist. Atty., Mike G. McCollum, Asst. Dist. Atty., Dallas, and Jim D. Vollers, State's Atty., and Robert A. Huttash, Asst. State's Atty., Austin, for the State.

OPINION

MORRISON, Judge.

The offense is theft by false pretext; the punishment, five (5) years.

This case involves a variation of the age-old "pigeon-drop". On the day in question, the appellant approached the complaining witness, advised her that another man had found a billfold containing $210 and invited her to share in the proceeds of the find with them. While appellant and the complaining witness waited, the finder purported to take the billfold...

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