
    Louis FELESKY v. STATE.
    (No. 7893.)
    (Court of Criminal Appeals of Texas.
    Dec. 12, 1923.
    Rehearing Denied Jan. 16, 1924.)
    Appeal from Criminal District Court, Dallas County; C. A. Pippen, Judge.
    Ballowe & King, of Dallas, for appellant.
    Tom Garrard, State’s Atty., of Midland, and Grover C. Morris, Asst. State’s Atty., of Devine, for the State.
   MORROW, P. J.

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) 256 S. W. 921, recently decided. The appellant, Pinselgold, and Bauer, acting together, engaged to purchase three empty boxes, but loaded on their wagon two additional boxes containing 36 suits of clothes 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.  