Brown v. State

LATTIMORE, Judge.

— Appellant was convicted in the District Court of Harrison County of theft of the value of more than $50, and his punishment fixed at two years in the penitentiary.

The indictment contained four counts, the first three of which were expressly abandoned in the charge and the jury’s consideration limited to the fourth. Our Assistant Attorney General confesses error herein because of the fact that said fourth count omits certain requisites of an indictment charging theft by means of false pretense, same being the character of theft sought to be charged therein.

It is well settled…