Kitchen v. State

ON MOTION FOR REHEARING.

HAWKINS, Judge.

The complaint and information — so far as ownership, possession, and want of consent is concerned —contained the averment that appellant did “fraudulently take fifty gallons of gasoline of the value of $7.50, the same being the corporeal personal property of the Magnolia Petroleum Company, and then and there in the possession of J. L. Westerman, he, the said J. L. Westerman, being in lawful possession of and holding for the said Magnolia Petroleum Company the said gasoline, the which taking was without the consent of the said J. L. Westerman, or any…