
    BURGE v. STATE.
    No. 25439.
    Court of Criminal Appeals of Texas.
    Oct. 31, 1951.
    W. J. Martin, Lubbock, for appellant.
    George P. Blackburn, State’s Atty., of Austin, for the State.
   GRAVES, Presiding Judge.

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.  