Cunningham v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

The first count in the indictment charged theft by a fraudulent taking, the second count charged theft by conversion. Conviction was under the first count, which was tantamount to acquittal of theft by conversion. The foregoing statement becomes pertinent in view of appellant’s renewed insistence that reversible error was committed by the trial court in excluding the statement made by appellant to his father. The count of theft by conversion having been submitted to the jury the excluded statement was probably admissible under authority of Stapleton v.…