Theft is the offense; penalty assessed at confinement in the penitentiary for two years.
This is a companion case to Cole Oglesby v. State (Tex. Cr. App.) 51 S.W.(2d) 587, recently decided. In this case the appellant is charged with the theft of the property described in the companion case mentioned. The facts and the defensive theories are identical with those discussed in the companion case, and, upon the áuthority of that case, the judgment in the present instance is affirmed.