Henshaw v. State

CALHOUN, Judge.

Offense, felony theft; punishment, four years in the penitentiary.

The point was made on the trial and is urged here that there was a variance in the proof of ownership as alleged in the indictment. The indictment was in four counts. The count in the indictment on which the appellant was convicted charged that he:

“Did then and there unlawfully and fraudulently take about twenty-six joints of oil well casing of the value of over Fifty Dollars, from the possession of A. M. Martini, without the consent of the said A. M. Martini, the same being the corporeal personal property of and…