Jackson v. State

HAWKINS, Judge. —

Conviction is for theft of property of more than fifty dollars in value, punishment being assessed at two years in the penitentiary.

The only count submitted to the jury was the first count in the indictment which alleged “possession” as well as “ownership” in H. J. DeArman. The point is made that the evidence fails to support the averment as to “possession.” Our State’s Attorney admits that the contention is well founded. We are in accord with his views. DeArman Brothers owned several well drilling outfits. One of the brothers shipped to H. J. DeArman one of these outfits…