State v. Allen

McGHEE, Justice.

The appellant was convicted of theft from person in violation of § 40-45-9, 1953 Comp, (formerly § 41-4509, 1941 Comp.). The information contained only one count but charged the stealing of $80 in cash and one bottle of vodka.

On a second trial of the case the state first proved the theft of the vodka. At the conclusion of testimony on that point by the prosecuting witness, the defendant moved the trial court to require the state to elect whether it would rely for a conviction on the theft of the vodka or of the money, reminding it of the testimony in the former case which, he…