Watt v. State

DAVIDSON, Presiding Judge.

—The complaint and information are in the same language, in the following respect: “One Harvey Watt did then and there unlawfully take from the possession of J. H. Morris one pair of wagon lines, of the value of $2.25, the same being the corporeal personal property of J. H. Morris without the consent of the said J. H. Morris,” etc. Both the information and complaint are attacked because they fail to charge one of the statutory ingredients of theft, to wit, fraudulent taking. It will be noticed that the information and complaint are both defective in this respect.…