Varratta v. State

BERRY, Judge.

The offense is theft by bailee and the punishment is three years in the penitentiary.

The indictment charges that the automobile in question belonged to Fred J. Storey and that appellant acquired possession of the same as bailee by virtue of his contract of hire with the said Fred J. Storey. The statement of facts shows that the contract of hiring was with Mrs. Fred Storey, the wife of Fred J. Storey, and that the possession of the automobile was secured from Mrs. Storey. The indictment nowhere alleges that the contract of hiring was made with Mrs. Storey as the agent of Fred J.…