GUNDER v. State

Pee Curiam.

This is an appeal from the conviction of theft. The appellants appealed from their conviction in the Noble Circuit Court on count two of the affidavit charging theft which reads as follows:

“Roy Sayles, Jr., being first duly sworn upon his oath, and for a second count, says that on or about the 3rd day of February, 1967, in the County of Noble, State of Indiana, that Edward E. Gunder, and Kenneth L. Morris and James R. Myers, committed the .crime of theft, in that they knowingly, unlawfully and feloniously, obtained and exerted unauthorized control over property of and in a lawful…