McCann v. State

ON APPELLANTS MOTION FOR REHEARING

WOODLEY, Judge.

The appeal is from a judgment of conviction for misdemeanor theft with punishment assessed on a plea of guilty before the court at one day in jail and a fine of $1.

The information alleged the fraudulent taking from the possession of one Bergerson, the injured party, of a window fan belonging to Bergerson of the value of $20, “without the consent of said injured party and the intent then and there on the part of said defendant to deprive the said injured party of the same and to appropriate the same to use and benefit of said defendant.”

It is…