Felesky v. State

256 S.W. 1117, 96 Tex. Crim. 272, 1923 Tex. Crim. App. LEXIS 854

• Court: Court of Criminal Appeals of Texas
• Decided: December 12, 1923
• Docket: No. 7893.
• Status: Published

Opinion

MORROW, Presiding Judge.

— The The offense is theft; punishment fixed at confinement in the penitentiary 'for a period of two years.

This is a companion case to Pinselgold v. State, No. 7892, recently decided. The appellant, Pinselgold and Bauer, acting together, engaged to purchase three empty boxes, but loaded on their wagon two additional boxes containing thirty-six suits of cloths and other merchandise.

The evidence is sufficient to show the intent to commit the theft at the time of the taking.

There was no objection made to the evidence received, or complaint of the court’s charge.

The judgment is affirmed.

Affirmed.