Wesley v. State

DAVIDSOH, Presiding Judge.

Conviction for theft, the penalty assessed being one year’s confinement in the county jail.

The indictment is questioned by motion in arrest of judgment because it does not sufficiently negative the consent of the owners. It is charged that the ownership was in the firm of McMullen & Marshall, consisting of T. H. McMullen and Hed Marshall. The proof shows there, were two T. H. McMullens,■ and the McMullen mentioned in the indictment under the evidence was “Jr.,” and that by reason of this fact there is a variance; and also that the general allegation that the property…