Brady and Orgees v. State

MORROW, Presiding Judge.

The offense is theft, the jury having assessed against Brady a penalty of confinement in the penitentiary for eight years, and against Orgees a penalty of four years’ confinement in the penitentiary.

Brady and Orgees were jointly charged with the theft of $1,500 from W. J. Warren. The indictment charged the fraudulent and unlawful taking without the consent of Warren. The averments were appropriate to charge theft, as defined in Art. 1410, P. C. 1925. The evidence brings the case within the purview of theft as defined by Art. 1413, P. C. 1925, which reads as follows:

“The…