Opinion
No. 25439.
October 31, 1951.
Appeal from the District Court, Borden County, Ben F. Thorpe, J.
W. J. Martin, Lubbock, for appellant.
George P. Blackburn, State's Atty., of Austin, for the State.
This is a conviction for felony theft; the punishment, two years in the penitentiary.
This case grows out of and is a companion case to that of White v. State, Tex.Cr.App., 242 S.W.2d 889.
The instant facts are insufficient to authorize a conviction for the same reason as assigned in the White case.
For the reasons there stated, the judgment is reversed and the cause is remanded.