Ward v. State

Appellant was charged in two counts of theft under IC 1971, 35-17-5-3, BURNS’ IND. STAT. ANN., 1972 Supp., § 10-3030, which reads in pertinent part as follows:

“A person commits theft when he (1) knowingly:

“(a) obtains or exerts unauthorized control over property of the owner;... and

“(2) either:

“ (a) intends to deprive the owner of the use or benefit of the property;____”

Count 1 of the affidavit was for theft of lawn furniture; count 2, for theft of a riding lawn mower. Appellant was acquitted on count 1 and convicted on count 2. Upon his conviction he was sentenced to jail for a period of 120…